Blog2017-05-25T07:03:56+00:00
12thMay,20

Debunking A Myth About Innovation and Standards

On the Policy@Intel blog, Intel's Greg Slater, Vice-President, Policy and Technical Affairs, and Earl Nied, Program Director, Standards and Intellectual Property Rights, debunks the myth that there is a distinction between innovator companies that invent technologies for inclusion in standards and implementer companies that build standards-compliant products. Read more here

13thJan,20

Gov’t Policy Statement On SEP Remedies Should Be Cabined

Thomas Cotter, the Briggs and Morgan professor of law at the University of Minnesota Law School and an Innovators Network Foundation intellectual property fellow, analyzes the latest update on standards essential patent remedies policy by the U.S. Department of Justice, Patent and Trademark Office, and National Institute of Standards and Technology. Read his article at Law360  

13thJan,20

INSIGHT: New Statement on Standard-Essential Patents Relies on Omissions, Strawmen, Generalities

Innovators Network Fellow and Rutgers Law School Professor Michael A. Carrier takes issue with the new joint statement on Standard–Essential Patents, saying the statement’s generalities do not meaningfully assist courts and other policymakers on patent holdup issues. Further, a series of omissions and strawmen make the statement less balanced and reasonable than the document it replaced. Read the article on Bloomberg Law

1stOct,19

IoT Innovators Send Strong Message in Support for Reform of Germany’s Automatic Injunctions Law

Berlin, October 1st 2019 – Companies at the forefront of the Internet of Things (IoT) met with policymakers, academics and patent lawyers in Berlin on Monday to support much needed reforms to the rules governing the licensing of standard essential patents (SEPs), underway in Germany at the moment. The half-day workshop entitled: German Leadership in Standard Essential Patents & FRAND Licensing, included executives from several industries involved in the development of IoT technologies, including the auto and auto parts [...]

23rdAug,19

ACT | The App Association Statement on Appeals Court Granting Partial Stay in Qualcomm Antitrust Case

(WASHINGTON, DC) August 23, 2019–Today, ACT | The App Association released a statement from president Morgan Reed in response to the federal appeals court ruling that granted a partial stay of the sweeping antitrust judgment against Qualcomm. “It’s a disappointing decision, but we’re confident that the courts will see through the absurdity of Qualcomm’s arguments in the end. Qualcomm has run a decades-long anticompetitive bait-and-switch scheme that has decimated the American wireless equipment industry and gift-wrapped the 5G [...]

31stAug,18

Apple Not In A Rush To Roll Out 5G iPhone: Here’s Why

“According to multiple reports, Apple will have to shell out around $21 per unit of 5G-equipped iPhone sold for licensing cost. For a 4G-equipped device, the average cost is just $9.60.” A Repost from www.techtimes.com While Apple is interested in introducing the technology to its products, the company will take its time before launching its 5G-compatible iPhones. According to multiple reports, Apple will have to shell out around $21 per unit of 5G-equipped iPhone sold for licensing [...]

2ndAug,18

Industry report – Who will be the technology leader for 5G? Part two

Co-published The recent publication of the 5G standard specification has changed the game in terms of communication technology, with the Internet of Things (IoT) looking likely to become a reality (for further information please see “Who will be the technology leader for 5G? Part one”). Part two of this report presents an analysis of the available 5G-related SEP data and the big names behind the 5G patent portfolios. While the implementation and licensing of LTE SEPs mainly concerned the [...]

16thFeb,18

Guest Post: IEEE’s Continued Leadership in Standardization

By Konstantinos Karachalios IEEE is the world’s largest technical professional organization dedicated to advancing technology for the benefit of humanity. With more than 423,000 members, IEEE is a trusted voice for engineering, computing, and technology information around the globe. The IEEE Standards Association (IEEE-SA), which oversees IEEE standards development, is a leading consensus building organization that nurtures, develops, and advances global technologies. With collaborative thought leaders in more than 160 countries, IEEE-SA promotes innovation, enables the creation [...]

11thJan,18

Cross Post: TCL v. Ericsson: The First Major U.S. Top-Down FRAND Royalty Decision

By Professor Jorge L. Contreras This blog was originally posted on PatentlyO, and can be viewed here. On December 21, 2017, the U.S. District Court for the Central District of California released its long-awaited Memorandum of Findings of Fact and Conclusions of Law in TCL Communications v. Ericsson (SACV 14-341 JVS(DFMx) and CV 15-2370 JVS (DFMx)).  In a lengthy and carefully crafted decision, Judge James Selna sets forth some important new points regarding the calculation of fair, reasonable and [...]

2ndJan,18

The European Commission’s New Standard Essential Patents – Top Three Takeaways

This blog was originally posted on the ACTonline website. It can be viewed here. On November 29, 2017, the European Commission (EC) issued a highly-anticipated Communication on the licensing practices for standard essential patents (SEPs). The EC issued the Communication to provide a “balanced, smooth and predictable framework for SEPs” that will contribute to “the development of the Internet of Things and harnessing Europe's lead role in in this context.” For more details on the Communication, we’ve written [...]

13thDec,17

Republic of Korea’s Highest Court Upholds Landmark KFTC Corrective Order in Support of the FRAND Commitment

This was originally published on the ACT | The App Association blog, here. Last month, the Supreme Court of Korea, the Republic of Korea's highest court, issued an important ruling that will have a wide impact on standard essential patents (SEPs) and fair, reasonable, and non-discriminatory (FRAND) licensing practices. In December 2016, the Korea Fair Trade Commission (KFTC) issued a Corrective Order against Qualcomm, fining them $951 million for anti-competitive behavior, including the abuse of FRAND commitments, [...]

9thNov,17

Have Qualcomm, Ericsson and Nokia become open source converts? Or are they inviting pirates to clone their SEP-protected communications chips?

This was originally published on the ACT | The App Association blog, here. If you can have access to a patented technology but you aren’t allowed to licence it, that either means the licensor is offering it up for free, in the way open source software developers offer up their wares free to others without asking them to sign a licence. Or it means that piracy of your technologies isn’t a big deal, help yourself. IP Europe [...]

7thNov,17

IP Europe’s Disingenuous Case for Giving its Members a License to Discriminate

This blog was originally posted on ACT | The App Association's website.  In a new blog post, IP Europe gave its favorite false narrative a new coat of paint by suggesting that the bedrock FRAND requirement of “license for all” equates to some kind of “license to kill.” It’s a clever turn-of-phrase designed to appeal to European Commission officials debating the final shape of a Communication on the licencing of standard essential patents. Parts of the Commission, [...]

11thSep,17

The Antitrust Cases Against Qualcomm Have a Strong Foundation

By Timothy Muris  Timothy J. Muris is a Foundation Professor of Law at George Mason University’s Antonin Scalia Law School and Senior Counsel at Sidley Austin LLP.  He was the Director of the Federal Trade Commission’s Bureau of Competition, 1983-85, and Chairman of the FTC, 2001-04.  Since leaving the FTC, he remains active on these antitrust issues both as a scholar and expert for a variety of clients, including ACT.  This article reflects his own views.   [...]

17thAug,17

CROSS POST: SEP Licenses Available to All

This blog is cross posted from the Fair Standards Alliance. The blog was originally published on August 17th, and may be viewed here. As explained in our Position Paper of 24 June 2016, today’s increasingly connected world demands cooperation and interoperation among many different products.  To ensure widespread adoption of common standardized interfaces, Standards Setting Organisations (SSOs) obligate contributors to license Standards Essential Patents (SEPs) on Fair, Reasonable and Non-discriminatory (FRAND) terms.  However, some SEP holders are failing to [...]

28thJul,17

Motion – DENIED: An Important Step Towards Understanding FRAND Commitments

In June, Judge Koh of the U.S. District Court for the Northern District of California denied Qualcomm’s motion to dismiss the Federal Trade Commission’s (FTC) enforcement suit asserting that Qualcomm violated competition law in its mobile phone chip licensing practices. ACT | The App Association believes that a ruling based on the merits of the case will allow the court to bring much-needed clarity to app developers, and businesses of all sizes, on what constitutes appropriate negotiating [...]

2ndJun,17

Patent Holdup, FRAND Commitments, and Antitrust Policy

The following is a guest blog written by Timothy Muris, a Foundation Professor of Law at George Mason University’s Antonin Scalia Law School and Senior Counsel at Sidley Austin LLP. The smartphone is a testament to the creative minds and herculean cooperation that transformed our personal and professional lives. Yet more than 250,000 patents may be used in a single smartphone, revealing the thicket of patents companies must navigate to bring new innovations to market in patent-intensive industries. The [...]

30thMay,17

Making China a FRANDly Place

In April, ACT | The App Association was pleased to submit comments to the People’s Republic of China’s (PRC) State Council to provide feedback on its draft Guidelines for Anti-Monopoly Enforcement Against Abuse of Intellectual Property Rights (Draft Guidelines). The App Association’s comments outline how the patent policies of Chinese standard development organizations (SDOs), influenced by key government agencies within the PRC, will directly impact how Chinese consumers work, live, and play for decades to come. Our [...]

21stApr,17

Technology & Auto Leaders Call on White House to Curb Anti-Competitive Patent Abuse in Industry Standards

Washington, D.C. – Today, a broad group of companies and organizations representing the auto and technology industries sent a letter to the White House to raise awareness of the growing danger of standards essential patent (SEP) abuse and expressed support for government action against anti-competitive licensing practices involving SEPs. The letter was signed by 15 companies and organizations including ACT | The App Association, the Alliance of Automobile Manufacturers, Dell, Hewlett-Packard (HP), Intel, Samsung, and VIZIO. Technological [...]

10thMar,17

IEEE remains very active after patent policy change

Technical standardization can involve the integration of hundreds, thousands or even tens of thousands of technologies, many of which are protected by patents.  Such “standard essential patents” (SEPs) are subject to a variety of unique contract and competition law issues and considerations.  To support access to and use of standards, and to restrict abuses, many standards-setting organizations (SSOs) require that participants submit binding declarations to offer licenses to their SEPs on “fair reasonable and non-discriminatory” (FRAND) terms. [...]

8thFeb,17

The FTC’s Suit Against Qualcomm: Let’s Leave the Politics Out of FRAND

The Federal Trade Commission (FTC) recently filed a lawsuit against Qualcomm accusing it of violating the patent licensing commitments it made to prominent standards-setting organizations in order to maintain its monopoly on the chips used in cellphones and other mobile devices. This FTC action has attracted significant media attention. Its outcome will provide helpful guidance on the importance of the FRAND licensing commitment. These commitments will become increasingly important with the “internet of things” (IoT) as more vertical sectors [...]

24thJan,17

FTC Lawsuit Against Qualcomm Reflects Growing International Consensus on FRAND Abuse

Last week, the Federal Trade Commission (FTC) filed a lawsuit against Qualcomm accusing the company of using anticompetitive tactics, including reneging on patent licensing commitments to maintain its monopoly on a critical chip used in mobile devices. The FTC's action against Qualcomm reflects the emerging consensus among competition regulators that violating commitments to license standard essential patents (SEPs) under fair, reasonable, and non-discriminatory (FRAND) terms can pose a significant threat to competition. The FTC correctly understands the commitments made within the [...]