The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) 1995 Antitrust Guidelines for the Licensing of Intellectual Property have, for the past 21 years, helped attorneys and businesses identify and steer clear of potential antitrust issues in their IP licensing arrangements. While the Guidelines do not themselves have [...]
Published: 9/27/16Publication: Managing Intellectual PropertyFor years, the courts have been preoccupied with infringement proceedings that are conducted by standard essential patents (SEP) holders, who previously submitted declarations as part of the standardization process, namely assurances that prospective licensees will be granted licenses under fair, reasonable and non-discriminatory (FRAND) conditions. The [...]
In recent years, lawsuits involving standards-essential patents (SEPs) have made headlines around the world, fueling a heated public debate regarding the role and impact of SEPs covering key interoperability standards. Enforcement agencies in the U.S., Europe and Asia have prosecuted alleged violations of competition law and private licensing commitments in [...]
Published: 9/16/16Publication: Lexology"Earlier this year, the Canadian Competition Bureau updated its Intellectual Property Enforcement Guidelines. The Guidelines supersede earlier guidance published in 2014, and serve to clarify the circumstances in which the Bureau can be expected to exercise its enforcement powers in relation to behaviour by intellectual property owners. One topic [...]
Published: 9/15/16Publication: Total Telecom"A new wireless patent-licensing platform backed by KPN, Ericsson, Qualcomm, ZTE, and InterDigital launched this week, pledging to make it much easier for IoT companies to embed cellular technology into their connected devices. Called Avanci, it enables device makers to pay a flat rate to access – [...]
Published: 9/14/16Publication: Wall Street Journal"Five big holders of cellular patents, including Qualcomm Inc., are joining an effort proposed by Ericsson AB to jointly license patents in an emerging field called the Internet of Things. The patent holders announced Wednesday that they have become the initial patent contributors to Avanci, a company recently established to serve as a [...]
Published: 8/31/16Publication: Lexology"On August 12, 2016, the Department of Justice and Federal Trade Commission released a proposed update of their Antitrust Guidelines for the Licensing of Intellectual Property. While the agencies reinforced many of the existing propositions established in the original 1995 guidelines, there are several notable changes. First, the updated [...]
ACT | The App Association Senior Counsel Brian Scarpelli discusses the growing threat of FRAND abuse and what it means to small and midsize tech firms including app developers. In this webinar from August 2016, Scarpelli covers the basics of technical standards, standards essential patents, FRAND licensing and the ways in which some [...]
Published: 8/24/16Publication: Knowledge & News Network"Highlighting the need for indigenous innovation in the mobile manufacturing sector in India, Rajiv Aggarwal, Joint Secretary DIPP remarked that the DIPP consultation paper on Standard Essential Patents (SEPs) has stimulated debate on various important issues in India." - [READ MORE] Read More
Published: 8/24/16Publication: IP Frontline"After several turbulent years of litigation and policy wrangling, many have asked whether the federal antitrust agencies should rewrite their two-decade old Antitrust Guidelines for the Licensing of Intellectual Property (“Guidelines”). Should they provide clearer guidance regarding thorny questions about licensing standard essential patents (SEPs), patent assertion entities (PAEs), [...]