Published: 3/31/16Publication: The Economic TimesThe Delhi High Court has allowed the Competition Commission of India to look into complaints from Micromax and Intex that Ericsson had abused its dominant position to demand for royalties on the total handset cost, which the companies say were excessive. In an order passed by [...]
Published: 3/30/16Publication: Spicy IPIn a fairly exhaustive and well reasoned decision, Justice Vibhu Bakhru ordered today that the Competition Commission of India (CCI) can continue its investigation into Ericsson’s alleged anti competitive practices. This investigation pertains to the alleged abusive enforcement of Ericsson’s standard essential patents (SEP) against a host of Indian [...]
Published: 3/25/16Publication: Comparative Patent RemediesThe Patent Damages Blog recently published a post on Magistrate Judge Roy S. Payne's recent Memorandum Order in response to a motion to exclude certain opinions of the plaintiff's proposed expert in Metaswitch Networks Ltd. v. Genband US LLC, a case now pending in the Eastern District of Texas. Reminiscent of Microsoft [...]
Published: 3/24/16Publication: Business StandardAway from the limelight, a weighty issue is being debated heatedly in Delhi's telecom circles. The Department of Industrial Policy and Promotion, in the Ministry of Commerce and Industry, on March 1 floated a discussion paper on standard essential patents and their availability on fair, reasonable and [...]
Published: 3/23/16Publication: MoFo Client AlertOn January 21, 2016, the Japan Fair Trade Commission (“JFTC”) published revisions to its guidelines for the Antimonopoly Act (“AMA”). The new guidelines make it a fair trade practice violation for holders of a standard essential patent (“SEP”) with fair, reasonable, and non-discriminatory (“FRAND”) obligations to [...]
Published: 3/23/16Publication: Comparative Patent RemediesI mentioned in January (here) that I had read of an October 2015 Romanian appellate decision allowing a preliminary injunction Vringo had obtained against ZTE relating to a standard-essential patent to remain in effect. David Cohen of Vringo has now passed along to me a copy [...]
Published: 3/22/16Publication: LexologyDuring the past year, the European Commission initiated several investigations into abuse of dominance. There will be more clarity concerning the outcome thereof in 2016. The Commission's investigations focus to a large extent on high tech companies (Google, Qualcomm) and utility companies (Gazprom, Bulgarian Energy Holding). As for [...]
Published: 3/21/16Publication: LexologyThe FCA published a policy statement (PS16/4) on fair, reasonable and non-discriminatory (FRAND) access to regulated benchmarks on 8 February 2016. The policy statement follows a June 2015 consultation paper (CP15/18) on amendments to the Market Conduct sourcebook (MAR) requiring regulated benchmark administrators to grant access to licences to use [...]
Published: 3/14/16Publication: IAMThe port city of Ningbo is playing host to China’s first case testing what constitutes abuse of non-essential patents. In a lawsuit being watched closely by regulators, four local companies are arguing that Hitachi Metals’ refusal to license its patents related to neodymium-iron-boron (NdFeB) magnets violates antimonopoly laws. [...]
Published: 3/13/16Publication: China IPRThe US Chamber and American Chamber of Commerce (the “Chambers”) have recently made available its recent comments on the NDRC and SAIC drafts of the IP abuse guidelines to be promulgated by the Antimonopoly Commission of the State Council. Here are the links: NDRC IP Abuse Guidelines [...]