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Standard Essential Patents OEM

Axinn, Veltrop & Harkrider LLP

3 Areas Look Ripe for New SEP Licensing, Litigation

Litigation over standard-essential patents, or SEPs, can be a cyclical phenomenon, where litigation follows a generational change in technology. We saw it with 3G and 4G technology, where each generational change led to a...more

Linda Liu & Partners

Current State and Emerging Challenges of SEP Licensing for Intelligent Connected Vehicles in China (I)

Linda Liu & Partners on

The new trends of motorization, intelligence, networking, and shared service of automobiles are leading to a global reform and becoming industrial technological highlands across the world. They are included in the strategic...more

Mintz - Antitrust Viewpoints

No Harm, No Foul, and No Standing for Would-be SEP Implementer: 5th Circuit Changes Narrative on Patent “Hold Up”

The Fifth Circuit recently ratified the right of holders of standard essential patents (“SEP”) to choose where in the supply chain to license SEPs and dealt a blow to the “hold up” narrative advanced by some implementers. In...more

McDermott Will & Emery

Supplier Can’t Complain when SEP Holder Refuses to License

The US Court of Appeals for the Fifth Circuit determined that an automotive parts supplier did not have constitutional standing to pursue an antitrust lawsuit against standard essential patent (SEP) owners that refused to...more

Kidon IP

5th Circuit’s Continental v. Avanci Decision Endorses “Access-to-all”, rejects compulsory “license-to-all”

Kidon IP on

Yesterday, the 5th Circuit issued its decision in the Continental v. Avanci Appeal, reversing the district court’s decision that Continental had standing under Article III of the Constitution. The decision finds Continental...more

Kidon IP

A Reckoning for Automotive Holdouts? or Are SEP Holders Getting Fed Up?

Kidon IP on

Readers of this blog will understand that many of the key automotive OEMs have been refusing for quite some time to take what, by any measure, is a very reasonable license to most of the key wireless SEPs. Instead, these OEMs...more

MoFo Tech

Huawei v. ZTE Revisited – German Automotive Patent Wars To Reshape Sep Litigation In Europe

MoFo Tech on

On November 26, the Dusseldorf Regional Court handed down a long awaited decision in the so-called automotive patent wars (case ID 4c O 17/19). The court referred heatedly debated questions in connection with the enforcement...more

McDermott Will & Emery

Standard Essential Patent Licensing Practices Do Not Violate Antitrust Laws

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit vacated a district court decision that found Qualcomm’s patent licensing practices violate antitrust laws and reversed a permanent, worldwide injunction against several of...more

Hogan Lovells

Ninth Circuit rules in favor of Qualcomm, distancing antitrust law from FRAND disputes

Hogan Lovells on

On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ninth Circuit Strikes Down Sweeping Injunction Against Qualcomm and Reins In Expansive Interpretation of Sherman Act

On August 11, 2020, the U.S. Court of Appeals for the Ninth Circuit decisively reversed the Federal Trade Commission’s (FTC or Commission) controversial district court win challenging Qualcomm’s licensing practices. In...more

Mintz - Intellectual Property Viewpoints

Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its...

In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern...more

Ballard Spahr LLP

Ninth Circuit Reverses Trial Court’s Finding That Qualcomm Violated Antitrust Laws

Ballard Spahr LLP on

The Ninth Circuit reversed a district court’s ruling that Qualcomm violated the Sherman Antitrust Act through its licensing and sales practices related to cellular microchips, resulting in a defeat to the Federal Trade...more

Haug Partners LLP

Ninth Circuit Reverses Northern District of California Decision in FTC v. Qualcomm Inc., No. 19-16122

Haug Partners LLP on

On Tuesday, August 11, 2020, the Ninth Circuit reversed and vacated Judge Lucy Koh’s controversial, post-bench trial decision in FTC v. Qualcomm Inc., 411 F. Supp. 3d 658 (N.D. Cal. 2019), regarding whether Qualcomm violated...more

Patterson Belknap Webb & Tyler LLP

Qualcomm Loses Bid to Dismiss FTC’s Chip Monopoly Suit

Last Monday, the court denied Qualcomm, Inc.’s motion to dismiss the Federal Trade Commission’s suit against it for allegedly using anticompetitive tactics to maintain a monopoly in baseband modem chips for cell phones. ...more

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