Published: 6/1/12 In its statement, the U.S. Federal Trade Commission urged the ITC to consider that “a royalty negotiation that occurs under threat of an exclusion order may be weighted heavily in favor of the patentee in a way that is in tension with the RAND commitment. High switching costs [...]
Published: 12/4/15Publication: China BriefingChina’s IPR (intellectual property rights) protection system is expanding and improving, but it remains vastly different from the European system. Accordingly, to be successful in China a business must take preventative measures to protect its intellectual property rights; one must obtain valid IPR rights in China as [...]
Published: 12/4/14In this decision, the Court of Appeals for the Federal Circuit reviewed a trial court’s decision upholding a jury award of $0.15 for three Wi-Fi SEPs. The Court of Appeals held that the trial court had not instructed the jury properly and reversed the damages award. In particular, it [...]
Published: 12/4/14Read More
Published: 12/3/15Publication: Essential Patent BlogToday, a three-judge Federal Circuit panel (Prost (author), Dyk and Hughes) issued its awaited decision in CSIRO v. Cisco that agreed-in-part and disagreed-in-part with Judge Davis’ damages award based on patents alleged to be essential to the IEEE 802.11 WiFi standard, but which patents did not have any FRAND or [...]
Published: 12/3/15Publication: Financial ExpressIn a major setback for the promoters of home-grown handset maker Micromax, the Delhi High Courton Wednesday issued bailable warrants against three of them — Sumeet Kumar, Rahul Sharma and Vikas Jain — in a matter of contempt on its earlier order of November 2014 relating to payment [...]
Published: 12/2/15The First Instance Court of Paris has held* that when asserting alleged Standard Essential Patents (“SEPs”), a patent holder first has to show that the process claimed in the asserted patent is identical to the process disclosed in the underlying standard. Vringo Infrastructure Inc. (“Vringo”) purchased roughly 500 patents [...]
Published: 12/2/15Publication: Law60 There has been recent discussion about the possibility of applying the fair, reasonable and nondiscriminatory[1] royalty rates awarded by the courts for standard-essential patents to patents that are not essential to practicing a standard. For patent owners, this would transform the U.S. patent system from a winner-takes-most [...]
Published: 2/13/12The Commission reviewed Google’s acquisition of Motorola Mobility Holding (MMH), including its patent portfolio containing a number of SEPs, to determine the transaction’s compatibility with competition requirements. As to the acquisition of MMH’s SEPs, the European Commission explained that “FRAND commitments essentially oblige SEP owners: (i) to make the [...]
Published: 2/13/12Summary is based on unofficial translations This statement announced the closing of the acquisitions of two large patent portfolios in the telephony and networking industries. During the investigation, some firms expressed concerns about the anticompetitive use of SEPs that were included within the acquired portfolios. These concerns, were obviated, [...]