Published: 7/11/12In this testimony, the U.S. Justice Department’s Antitrust Division explains the potential for standardization to enable SEP holders to engage “in one form of what is known as patent hold-up, such as by excluding a competitor from a market or obtaining an unjustifiably higher price for its invention than [...]
Published: 7/10/16Publication: SpicyIPIndia’s smartphone patent war rages on, and it’s latest development is Ericsson’s provisional victory over Lava. The Delhi High Court passed an interim order in the ongoing case of Telefonktiebolaget LM Ericsson v. Lava International Ltd. which, operative from the 21st of June 2016, is an injunction order that prevents Lava from [...]
Published: 9/4/07 Broadcom brought an antitrust action in which it alleged that Qualcomm had persuaded the European Telecommunications Standards Institute (“ETSI”) to incorporate Qualcomm’s patented technology by committing to license the technology on FRAND terms, but later reneged on its commitment. A district court dismissed Broadcom’s complaint, and the Third [...]
Published: 7/8/16Publication: IAMHuawei has accelerated its patent assertion campaign on two fronts over the past week, launching a new complaint against T-Mobile in the United States and a further suit against Samsung in China. [READ MORE]Read More
Published: 6/28/07Broadcom brought an antitrust action in which it alleged that Qualcomm had persuaded the European Telecommunications Standards Institute (“ETSI”) to incorporate Qualcomm’s patented technology by committing to license the technology on FRAND terms but later reneged on its commitment. A district court dismissed Broadcom’s complaint, and the Third Circuit [...]
Published: 7/5/16Publication: LexologyIn the week or so since the UK's Brexit vote, much has been written in Intellectual Property (IP) circles about the effect on various IP rights and litigation of those rights. From the litigation perspective, most focus has been on the Unified Patent Court (UPC), and rightly so. Various opinions [...]
Published: 7/5/16Publication: Managing IPWhat will be the impact of the UK vote to leave the EU on litigation over standard-essential patents? David Barron speculates in a guest blog post on Managing IP [READ MORE]Read More
Published: 7/1/12This article presents a unanimous view from scholars of economics, antitrust and IP—including former lawyers and chief economists at the U.S. Department of Justice, a former executive official at the Patent and Trademark Office, a former counsel at the International Trade Commission, and a former member of the President’s [...]
Published: 6/12/16Publication: Kluwer Patent Bloghe main requirements for applying for a preliminary injunction in Spain are “fumus boni iuris” (i.e., indicia of likelihood of success) and “periculum in mora” (i.e. danger in the delay). A recent decision handed down by the three Barcelona patent Judges (the Judge Rapporteur was the [...]
Published: 8/10/06 Publication: Texas Law Review This article used bargaining theory to show “that the threat to obtain a permanent injunction greatly enhances the patent holder’s negotiating power, leading to royalty rates that exceed a natural benchmark range based on the value of the patented technology and the strength of [...]