Published: 3/23/16Publication: MoFo Client AlertOn January 21, 2016, the Japan Fair Trade Commission (“JFTC”) published revisions to its guidelines for the Antimonopoly Act (“AMA”). The new guidelines make it a fair trade practice violation for holders of a standard essential patent (“SEP”) with fair, reasonable, and non-discriminatory (“FRAND”) obligations to [...]
Published: 3/23/16Publication: Comparative Patent RemediesI mentioned in January (here) that I had read of an October 2015 Romanian appellate decision allowing a preliminary injunction Vringo had obtained against ZTE relating to a standard-essential patent to remain in effect. David Cohen of Vringo has now passed along to me a copy [...]
Published: 3/22/16Publication: LexologyDuring the past year, the European Commission initiated several investigations into abuse of dominance. There will be more clarity concerning the outcome thereof in 2016. The Commission's investigations focus to a large extent on high tech companies (Google, Qualcomm) and utility companies (Gazprom, Bulgarian Energy Holding). As for [...]
Published: 3/21/16Publication: LexologyThe FCA published a policy statement (PS16/4) on fair, reasonable and non-discriminatory (FRAND) access to regulated benchmarks on 8 February 2016. The policy statement follows a June 2015 consultation paper (CP15/18) on amendments to the Market Conduct sourcebook (MAR) requiring regulated benchmark administrators to grant access to licences to use [...]
Published: 3/14/16Publication: IAMThe port city of Ningbo is playing host to China’s first case testing what constitutes abuse of non-essential patents. In a lawsuit being watched closely by regulators, four local companies are arguing that Hitachi Metals’ refusal to license its patents related to neodymium-iron-boron (NdFeB) magnets violates antimonopoly laws. [...]
Published: 3/13/16Publication: China IPRThe US Chamber and American Chamber of Commerce (the “Chambers”) have recently made available its recent comments on the NDRC and SAIC drafts of the IP abuse guidelines to be promulgated by the Antimonopoly Commission of the State Council. Here are the links: NDRC IP Abuse Guidelines [...]
When you peruse the AllThingsFRAND.com site, you will find judicial and regulatory developments around the globe on the meaning of the obligation to license standard essential patents (SEPs) on fair, reasonable, and non-discriminatory (FRAND) terms. In just the last 15 months, China, Japan, and Korea have each released key guidance [...]
Published: 2/24/16Publication: IAMThe UK Patents Court recently handed down judgment in the ongoing dispute between Unwired Planet and various mobile phone and infrastructure manufacturers. FactsUnwired Planet asserted six of its European patents, which were acquired from Ericsson, in both the United Kingdom and Germany. Unwired Planet believed that this was [...]
Published: 2/23/16Publication: LexologyThis year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary Patent making its debut in Europe at some [...]
Published: 2/23/16Publication: Hindustan TimesHigh patent royalty fees charged by foreign technology firms are fast emerging a major hurdle for India’s ambitions of turning into a global mobile manufacturing hub. Mobile phone makers such as Micromax, Intex, Lava and iBall will together pay at least Rs 2,000 crore in royalty payments [...]