Published: 8/22/16Publication: The CLIP Board"Just over a week ago, the US Federal Trade Commission and the Department of Justice’s Antitrust Division published a proposed update to the current US Antitrust Guidelines for the Licensing of Intellectual Property (the IP Licensing Guidelines). Issued in 1995, the IP Licensing Guidelines are the [...]

Published: 8/17/16Publication: Hogan Lovells"On August 12, the U.S. Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) proposed updates to their Antitrust Guidelines for the Licensing of Intellectual Property (Guidelines). The agencies have not been amended the Guidelines since they were originally released in 1995. The revisions do [...]

Published: 8/16/16Publication: Spicy IPOn the 1st of August, 2016, California District Court Judge James V. Selna ruled that some of the license terms that Ericsson offered TCL Communication Technology Holdings Limited (‘TCL’) were fair, reasonable and non-discriminatory, narrowing TCL’s claims in their lawsuit against Ericsson. This lawsuit was filed in 2014, [...]

Published: 8/15/16Publication: Lexology"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), reverse [...]

Published: 7/28/16Publication: Reddie & GroseSamsung and Huawei are defending themselves in the UK courts against Unwired Planet's claims of patent infringement. As the patents are standards-related, Samsung and Huawei have raised a number of defence arguments based on competition law, as well as based on the typical considerations of patent [...]

Published: 7/25/16Publication: LexologyThe European Commission has accepted legally binding commitments from the International Swaps and Derivatives Association Inc. (ISDA), a trade organisation in the market for over-the-counter derivatives, and Markit, a financial information service provider, to license their IP on fair, reasonable and non-discriminatory (FRAND) terms (see here). This forms part [...]

Published: 7/22/16Publication: FierceWirelessSamsung struck back at Huawei, filing suits in multiple courts in China claiming the smaller smartphone vendor has infringed on six of its patents, Reuters reported. A suit was actually filed two weeks ago in a Beijing court, Reuters said, but Samsung just announced it today. The world's largest smartphone vendor declined [...]

Published: 7/21/16Publication: The Libertatem MagazineHistory has been evident that the pathways of intellectual property laws and antitrust law have always diverged in light of the inherent and sweet, yet a bitter tussle between the two subjects of law. Even a cursory glance on the cases of Standard Essential Patent (hereinafter [...]

Published: 7/14/16Publication: Essential Patent BlogJudge Payne recently denied a request to proceed with all of the parties’ alleged FRAND-obligated standard essential patents in the same case, disappointing counterclaimants who had wanted to resolve together the single controversy over each of the parties’ standard essential patents.  Huawei brought suit asserting patents alleged to [...]

Published: 7/13/16Publication: Intellectual Asset Management Antitrust enforcement relating to standard- essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing in China has been a focal point for industry and the international legal community for the past few years. In this regard, the National Development and Reform Commission’s (NDRC) investigation [...]