Published: 3/2/16Publication: Spicy IPThe Department of Industrial Policy & Promotion (DIPP) has published a paper on “Standard Essential Patents, and their availability on FRAND terms”. The paper can be accessed here. The last date to respond to it March 31, 2016. Objective: The Department of Industrial Policy and Promotion has prepared [...]
Published: 3/1/17Publication: Essential Patent Blog"Judge Gilstrap recently ruled that certain challenges to a damages expert’s testimony went toward the weight a jury could give that testimony, rather than whether the testimony should be admitted. Specific FRAND-related portions of the testimony that he would admit at trial include the following: " -- [READ MORE]Read [...]
Published: 3/1/17Publication: Essential Patent Blog"Magistrate Judge Payne recently ruled against prospective licensee T-Mobile’s motion to dismiss patent owner Huawei’s Declaratory Judgment Complaint that seeks a declaration that Huawei complied with its FRAND commitments to ETSI regarding LTE standard-essential patents during Huawei’s license negotiations with T-Mobile. Judge Payne did not rule whether or not Huawei [...]
Published: 3/1/15Publication: Law360"Law360, New York (March 13, 2015, 8:26 PM ET) -- Standard-essential patent holders should license their patents at realistic rates, federal officials said at a conference Friday, explaining that many IP owners base their rates on the profit a licensee's product reaps, rather than on the patented invention's [...]
Published: 2/9/17Publication: Morning Consult"We take smartphones for granted, but they’re truly revolutionary. Today’s devices have greater computing power than the entire arsenal of NASA computers used to send the Apollo rockets to the moon. Think about that the next time you check the price of bananas at the local [...]
Published: 2/9/15Publication: Patently-O"On February 8, the Board of Directors of the Institute of Electrical and Electronics Engineers (IEEE) voted to approve a set of amendments to the organization’s patent policy. The changes largely relate to the commitment of IEEE members to license patents to users of IEEE standards on terms [...]
Published: 2/8/16Publication: WIPRCompanies that own standard-essential patents (SEPs) must stick to their obligation of licensing them on fair, reasonable and non-discriminatory (FRAND) terms, the EU commissioner for competition has said. In a speech given to the College of Europe’s Global Competition Law Centre last week, EU commissioner Margrethe Vestager said: [...]
Published: 2/8/16Publication: Comparative Patent Remedies,J. Gregory Sidak has some new papers on patent remedies and related issues, including the following: 1. Ongoing Royalties for Patent Infringement, forthcoming in 24 Texas Intellectual Property Law Journal (2016). Here is a link to the paper, and here is the abstract: Section 283 [...]
Published: 2/7/17Publication: IPKat"Can you just agree the confidentiality club regime with the other side?" If you are an associate in an English patent law practice you will have had the joy of not only hearing that request but spending weeks negotiating the operation of and admission to the quintessential confidentiality club. [...]
Published: 2/3/16Publication: LexologyMargrethe Vestager, the European Competition Commissioner, has set out DG Competition’s enforcement priorities for 2016. In a speech to the College of Europe’s Global Competition Law Centre on 1 February 2016, she highlighted two issues that will be of particular interest to readers of this blog: the [...]