Published: 7/13/16Publication: Intellectual Asset Management Antitrust enforcement relating to standard- essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing in China has been a focal point for industry and the international legal community for the past few years. In this regard, the National Development and Reform Commission’s (NDRC) investigation [...]

Published: 7/13/16Publication: Kluwer Competition Law BlogIn its decision passed on 30 March 2016, the Delhi High Court upheld the order passed by the Competition Commission of India (CCI) directing an investigation into the allegations of abuse of dominance against Telefonaktiebolaget LM Ericsson (Ericsson) with respect to its actions as a [...]

Published: 7/13/16Publication: Law360Nokia on Wednesday hit Huawei Technologies with a Texas federal suit accusing it of infringing three patents for 4G technology and refusing to negotiate licensing terms, which allegedly would have prevented Huawei from filing some of its own patent-infringement claims against T-Mobile.Nokia Solutions and Networks US LLC accuses [...]

Published: 7/13/16Publication: LexologyWhen Intellectual Ventures (IV), the world’s largest non-practising entity, sued Vodafone GmbH for infringement of a batch of its standard essential patents (SEPs) in Germany last September, it probably wasn’t expecting the communications services provider to launch a FRAND counterattack in Ireland.  But that’s exactly what has happened. Last month, [...]

Published: 6/28/16Publication: Intellectual Asset ManagementSuch has been the shock of Thursday’s Brexit vote that the US media has given the unfolding drama plenty of coverage. That the decision by UK voters has huge implications not only for the European Union but also the world economy is evident from the loss in value [...]

Published: 6/17/16Publication: LexologyOn 27 May 2016, the Court of Appeal handed down its judgment on an appeal brought by Samsung against a decision of the Patents Court to strike out one of its competition law defences in the landmark patent infringement proceedings brought by Unwired Planet against Samsung and others [...]

Published: 6/14/16Publication: MondaqIn three Düsseldorf Regional Court decisions in Unwired Planet v. Samsung dated 19 January 2016 the Court found that the German parts of Unwired Planet's European patents EP 1 230 818, EP 2 485 514 and EP 2 119 287 (the Patents) were essential for GSM and LTE standards and [...]

Published: 6/13/16Publication: Lexologyhe Karlsruhe Appeals Court partially granted a defendant`s request for abatement of preliminary enforcement of a first instance judgment. It held that the practice of the Mannheim Regional Court, which – upon dispute – only reviewed the alleged FRAND offer of the plaintiff on a superficial basis for evident non-FRAND compliance [...]

Published: 5/24/16Publication: IAMIn the past few years, it has become increasingly clear that a fundamental conflict exists between patent law and antitrust law regarding standard-essential patents (SEPs). Patent law provides a patent holder with an exclusive right which can be used to prevent other parties from using its patented invention. [...]

Published: 5/23/16Publication: IAMThe French courts are now hosting a growing number of fair, reasonable and non-discriminatory (FRAND) litigations and international arbitrations – such as Samsung v Apple and Ericsson v TCT, and more recently Core Wireless v LG Electronics and Vringo v ZTE – in which French judges were asked to rule on significant FRAND issues. Historically, [...]