Published: 7/16/15Publication: Essential Patent BlogToday, a European Union high court issued a ruling that provides guidance on what steps the owner of a FRAND-encumbered patent that may be essential to a standard should take before seeking injunctive relief. The court also ruled that a willing licensee should act without delay, [...]
Published: 7/16/15This case was referred by a German court to the European Court of Justice to assess whether the invocation of injunctive relief by a holder of a FRAND-encumbered SEP may constitute an abuse of a dominant position. The Advocate General concluded in an advisory opinion that “the commitment given [...]
Published: 5/21/15Publication: FOSS PatentsThe debate over privateering (patent transfers by large operating companies to so-called non-producing entities or patent assertion entities) is in full swing, and it will be with us for a while. The week before last I made a call for input in an effort to build a [...]
Published: 4/16/15Publication: The National Law ReviewOn April 14 in Washington, DC, Global Competition Review hosted its Second Annual IP & Antitrust USA conference. The conference covered various hot topics being closely followed by IP antitrust practitioners, including (1) the evolution of the US antitrust agencies’ approach to standards and standard [...]
Published: 4/7/15 No available links. The Summary is based on unofficial English translations. The State Administration for Industry and Commerce (SAIC) is one of the three agencies that enforces the Anti-Monopoly Law (AML). SAIC is responsible for intellectual property issues that arise under the AML. On April 7, 2015, SAIC [...]
Published: 3/17/15Publication: ZDNetA jury in Texas decided that Apple did not infringe five wireless patents formerly held by Nokia that were sold to Canadian patent licensing firm Conversant. Conversant's wholly owned subsidiary Core Wireless Sarl sued Apple in 2012 in the United States District Court for the Eastern District of [...]
Published: 2/25/15Publication: Virtual Strategy Magazine"CHICAGO, Feb. 25, 2015 (GLOBE NEWSWIRE) -- The trade group charged with managing standards over technology including wireless connectivity has adopted patent policy changes in line with counsel from a coalition of experts, including a professor from The John Marshall Law School in Chicago. Chief intellectual [...]
Published: 2/17/15Publication: Antitrust and Competition Newsletter"On Feb. 2, 2015, the U.S. Department of Justice (DOJ) issued a business review letter that effectively approved a proposal by the Institute of Electrical and Electronic Engineers (IEEE) to update the IEEE Standard Association’s Patent Policy (Policy) regarding standard-essential patents (SEPs) (the Update). The DOJ’s [...]
Published: 2/9/15 No available links. The Summary is based on unofficial English translations. In this decision, China’s National Development and Reform Commission (“NDRC”) determined that several aspects of Qualcomm’s licensing of telephony SEPs constituted an abuse of a dominant position. The NDRC imposed a fine of RMB6.088 (~US$975 million) and [...]
Published: 2/2/15 This Business Review Letter (“BRL”) affirms the U.S. Justice Department’s intention not to challenge on antitrust grounds the proposed revisions to the IEEE’s patent policy (“IEEE Revisions”). The IEEE’s revisions concern the terms of letters of assurance (“LOAs”) through which participants in IEEE-SA standards development make licensing commitments [...]