A balanced patent system is critical to promoting innovation by rewarding inventors while also ensuring they are not inappropriately compensated for the market power they gain from standardizing their technologies. An imbalance in the system is created when holders of standard-essential patents (SEPs) disregard their affirmative promises to license their [...]
Published: 5/23/16Publication: IAMThe French courts are now hosting a growing number of fair, reasonable and non-discriminatory (FRAND) litigations and international arbitrations – such as Samsung v Apple and Ericsson v TCT, and more recently Core Wireless v LG Electronics and Vringo v ZTE – in which French judges were asked to rule on significant FRAND issues. Historically, [...]
Published: 5/20/16Publication: LexologyThe Ministry of Commerce and Industry of the Government of India released the much awaited National IPR Policy on May 13, 2016, with a vision to transform India as a knowledge economy. Under the tag line “Creative India; Innovative India,” the Policy hopes to catalyse the innovation ecosystem [...]
Published: 5/18/16Publication: LexologyIn Unwired Planet International Ltd v Huawei Technologies Co Ltd and others the claimant, Unwired Planet, claimed that the defendants had infringed its patent for a method of improving handovers between mobile telecommunication systems. The three issues for Birss J to determine were whether the patent (1) had been infringed; [...]
Published: 5/18/16Publication: LexologyThe Competition Bureau released a revised version of its Intellectual Property Enforcement Guidelines (“IPEGs”) on March 31, 2016, following an extensive public consultation process held in 2015 based on previous drafts released in 2014 and 2015. [READ MORE] Read More
Published: 5/17/16Publication: LexologyOn 13 May 2016, the Union Cabinet approved India’s first Intellectual Property Rights (IPR) policy for awareness, creation, commercialization, protection and enforcement of Intellectual Property (IP) in India. As our readers may recall, the Indian Patent Office (IPO) had previously published a draft IPR policy on 9 January [...]
Recently, the Government of India’s Department of Industrial Policy and Promotion (DIPP) issued a request for comment on its “Discussion Paper on Standard Essential Patents and Their Availability on FRAND Terms”. In inviting comments, DIPP noted its goal of “develop[ing] a suitable policy framework to define the obligations of [Standard] [...]
Published: 4/29/16Publication: The QuintIn March 2013, the Swedish multinational Ericsson sued Micromax for patent infringement, setting in motion a series of events, with the potential to disturb India’s mobile phone dream. Then last month the Delhi High Court recognised the authority of the regulator – the Competition Commission of India (CCI) – to [...]
Published: 4/25/16Publication: National Law ReviewOn April 20, 2016, the European Commission (Commission) cleared, under its merger control rules, the acquisition of Equens and PaySquare by Worldline subject to, amongst others, a commitment to license technology to any customer interested, at Fair, Reasonable and Non-Discriminatory (FRAND) conditions. Read More
Published: 4/18/16Publication: The National Law ReviewOn April 13, 2016, the US District Court for the District of Delaware denied InterDigital’s motion to dismiss an antitrust suit filed by Microsoft (Microsoft Mobile, Inc. v. InterDigital, Inc., Case No. 15-cv-723-RGA). In the suit, Microsoft alleged that InterDigital engaged in an unlawful scheme [...]