Published: 11/22/16Publication: Essential Patent Blog"Judge Gilstrap recently entered Final Judgment that included a 20% enhancement of damages based on a Jury Verdict that LG willfully infringed two patents that patent owner Core Wireless alleged to be essential to certain cellular standards. This appears to be the first case of a court enhancing damages based [...]
Published: 11/21/16Publication: European Commission"I want to thank Alfonso Lamadrid and Pablo Ibáñez Colomo very much for inviting me to be here. One of the first interviews I did after starting this job was with the Chillin’ Competition blog. And I'm afraid it may have given me the wrong idea of [...]
Published: 11/21/16Publication: SSRNEfficient licensing of standard-essential patents (SEPs) is crucial for achieving a rapid and broad-based diffusion of innovation. Owners of large SEP portfolios (and their supporters) argue that the governance of SEPs works reasonably well and that patent holdup and other negative effects are “purely theoretical”. In reality however, [...]
Published: 11/15/16Publication: IAM"Dolby has reportedly sued Oppo and Vivo in the Delhi High Court, accusing the two Chinese electronics and smartphone manufacturers of failing to pay appropriate royalties for use of its patented technologies. Dolby follows Ericsson in seeking to assert its rights in India, something that may indicate that the [...]
Published: 11/14/16Publication: World IP Review"Standards are governed by the intellectual property policies of the standard-setting organisations (SSOs) that propagate them, and also competition law, due to the fact that standards are agreements between competitors to make one product and not another. There are generally no regulations or statutes directly applicable [...]
Published: 10/31/16Publication: Lexology"In TCL v. Ericsson (C.D. Cal.), the court established a framework for determining whether patent owner Ericsson adhered to its FRAND obligations for licensing standard-essential patents for telecommunications standards and what the FRAND terms would be. According to this framework, the jury will first decide whether Ericsson complied [...]
Published: 10/28/16Publication: IAM"The continued issuance of high quality patents is the key to preventing the widespread activities of troll-like patent assertion entities in Europe, a new report from the European Commission’s Joint Research Centre has concluded. Based on work undertaken by a team led by the centre’s senior fellow Nikolaus Thumm, a former [...]
Published: 10/17/16Publication: IAM"Qualcomm on Saturday announced that it has expanded its assertion campaign against Meizu, the largest Chinese smartphone maker yet to conclude a licence agreement with the US chipmaker since its 2015 settlement with Chinese regulators. The move should definitively put to rest rumours that had swirled in Chinese-language media suggesting [...]
Published: 10/14/16Publication: National Law Review"For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995. The intervening quarter century brought stunning technological advancement, during which time Agencies, courts, and legislators [...]
Recently, the Department of Justice’s Antitrust division (DOJ) and the Federal Trade Commission (FTC) issued a request for comment on proposed updates to their Antitrust Guidelines for the Licensing of Intellectual Property (Guidelines). Last updated in 1995, the guidelines are intended to provide clarity on potential antitrust issues that may [...]