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Standard Essential Patents Patent Litigation

Fish & Richardson

Standard Essential Patents: Life Cycle Overview

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Technologies such as Wi-Fi, 5G and 4G LTE, and high-fidelity video streaming are ubiquitous in modern products. In fact, a huge portion of everyday technologies is based on technical standards like these, and that portion is...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - November 2025

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The SEP licensing and litigation landscape has continued to evolve in the latter half of 2025, shaped by several significant global trends...more

A&O Shearman

UPC Court of Appeal Clarifies Rules on Directors’ Liability for Patent Infringement

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The UPC Court of Appeal (the CoA) has issued a significant judgment in Koninklijke Philips v. Belkin clarifying the scope of directors’ liability. The court also confirmed the availability of corrective measures such as...more

Fish & Richardson

Analyzing SEPs: Strategies for Prosecution & Portfolio Development

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Industries worldwide have worked tirelessly for many years to establish technical standards — consistent norms that ensure products and services meet a baseline of quality, stability, and interoperability. While standards are...more

Alston & Bird

Interim License Declarations: The British and European Approaches

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Our Antitrust Team reviews recent legal actions in the UK and EU that highlight increasing jurisdictional tensions over the judicial treatment of interim licenses for standard essential patents (SEPs) on fair, reasonable, and...more

Fish & Richardson

Litigating SEPs in Europe Post-BSH v. Electrolux

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In BSH v. Electrolux, the Court of Justice of the European Union (CJEU) ruled that courts of European Union (EU) member states can, in principle, serve as centralized venues for global patent litigation. Claimants can...more

Sheppard Mullin Richter & Hampton LLP

Unanimity on Trial: Federal Circuit Tosses $300 Million for Optis in Apple–Optis LTE Patent Wars

The Federal Circuit’s analyzed proper jury verdict form procedures and evidentiary rules in the context of LTE standard-essential patent litigation between Optis and Apple. The Court addressed the intersection of jury...more

Fish & Richardson

Analyzing SEPs: Strategies for Licensing Negotiations - The Licensing Journal

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Standard essential patents (SEPs) play a crucial role in ensuring that technical standards are accessible and implementable across industries. These patents, which are deemed essential to implement particular technical...more

Fish & Richardson

Standard Essential Patent FAQs

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What are standards?   Standards are technological guidelines that enable various systems and/or components to work together using a common language....more

Fish & Richardson

A New FRAND Framework: India Embraces Interim Security to Deter SEP Hold-Out

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The Delhi High Court’s ruling in Dolby International AB & ANR v. Lava International Limited appears to mark a pivotal shift in India’s approach to the enforcement of standard essential patents (SEPs) wherein the High Court...more

Proskauer - The Patent Playbook

Federal Circuit Vacates $300 Million Verdict Against Apple, Orders Third Trial in LTE Patent Dispute

In a pivotal ruling for patent damages and standard-essential patent (SEP) litigation, the Federal Circuit vacated a $300 million award against Apple in a long-standing dispute with Optis Cellular Technology, LLC. See Optis...more

Knobbe Martens

A Question for Everyone: Juries Must Determine Infringement on a Patent-By-Patent Basis

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OPTIS CELLULAR TECHNOLOGY, LLC v. APPLE INC. - Before Prost, Reyna, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Patent plaintiffs have a right to a unanimous verdict on each...more

Miller Canfield

Apple’s Second Bite Is Successful: Federal Circuit nixes Optis verdict involving Standard Essential Patents due to jury...

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Apple has escaped a $300 million patent infringement verdict after a three-judge panel of the United States Court of Appeals for the Federal Circuit vacated both the infringement and damages judgment because of faulty jury...more

Alston & Bird

Patent Case Summaries | Week Ending June 20, 2025

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Ancora Technologies, Inc. v. Roku, Inc., et al., Nos. 2023-1674, -1701 (Fed. Cir. (PTAB) June 16, 2025). Per curiam opinion, before Louri, Reyna, and Hughes. Ancora owns a patent directed to restricting unauthorized use of...more

Bradley Arant Boult Cummings LLP

Another Bite at the Apple to Avoid $300 Million in Damages

Recently, the Federal Circuit vacated both the infringement and damages judgments against Apple in a patent case that involves standard-essential patents (SEPs) related to Long-Term Evolution (LTE) technology brought in the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Optis Cellular Technology, LLC v. Apple Inc.

Optis Cellular Technology, LLC v. Apple Inc., Appeal Nos. 2022-1904, -1925 (Fed. Cir. June 16, 2025) In this week’s Case of the Week, the Court of Appeals for the Federal Circuit vacated a jury decision awarding...more

Baker Botts L.L.P.

Intellectual Property Report June 2025

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Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade...more

Baker Botts L.L.P.

Navigating SEP Disputes Before the ITC: Strategy, Standards, and the Reach of Anti-Suit Injunctions

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The U.S. International Trade Commission is a unique forum in the realm of intellectual property litigation. Originally established as a trade body to assess tariffs and the economic implications of global trade, the ITC now...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

U.S. IP Update – May 2025

Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes,...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - May 2025

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The beginning of 2025 saw two overarching trends in FRAND litigation...more

Fish & Richardson

[Webinar] Analyzing SEPs: Strategies for Licensing Negotiations - May 15th, 1:30 pm ET

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Most standard setting organizations require their members to agree to license their standard essential patents (SEPs) on fair, reasonable, and non-discriminatory terms. But there is no bright-line rule for determining whether...more

Fish & Richardson

Munich Appeals Court Reinforces Security-Centric FRAND Framework in SEP Dispute

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Standard-essential patent (SEP) licensing remains a critical issue in Europe, where political bodies and national courts at times diverge in the interpretation of fair, reasonable, and non-discriminatory (FRAND) licensing...more

McDermott Will & Schulte

Munich Court Addresses Implementer’s Obligation To Provide Security in FRAND Negotiations

The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard...more

Fish & Richardson

Key Insights From the UPC’s First SEP

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In November 2024, the Local Division (LD) Mannheim of the Unified Patent Court (UPC) issued the UPC’s first-ever substantive decision on standard essential patents (SEPs) and fair, reasonable, and non-discriminatory (FRAND)...more

Mintz - Arbitration, Mediation, ADR...

Arbitration of SEP Disputes—A Growing Trend?

After years of litigating against each other in several jurisdictions around the world, Ericsson and Lenovo announced last week that they had entered into a global cross-licensing agreement involving 4G and 5G wireless...more

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