Published: 1/25/16Publication: IAMJapan’s Fair Trade Commission last week announced changes to the document which governs how its antitrust regulators look at actions taken by IP owners, particularly those who own standards-essential patents (SEPs), in the context of the country’s Anti-Monopoly Act. The amendments appear little changed from those which were [...]

Published: 1/18/16Publication: Comparative Patent RemediesOn July 16, 2015, the Court of Justice for the European Union (CJEU) issued its judgment in Huawei v. ZTE, setting out certain conditions under which E.U. competition law precludes the owner of a FRAND-committed standard-essential patent (SEP) from seeking injunctive relief for the unauthorized use of the [...]

Published: 1/15/16Publication: Comparative Patent RemediesYang Li and Nari Lee have posted a paper on ssrn titled European Standards in Chinese Courts -  A Case of SEP and FRAND Disputes in China, which is forthcoming in Governance of Intellectual Property Rights in China and Europe (N. Lee, N. Bruun & M. Li eds., Edward [...]

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Published: 12/24/15Publication: Comparative Patent RemediesOK, so officially I'm on a blogging break for the next few days, but Norman Siebrasse just called my attention to an EPLaw post and TaylorWessing write-up about a November 27 judgment of the Mannheim District Court granting an injunction against Deutsche Telekom for the infringement of a FRAND-encumbered SEP [...]

Published: 12/23/15Publication: Essential Patent BlogLast week, the Federal Circuit denied en banc review by the entire court of the three-judge panel decision in the Apple v. Samsung case that had revived the ability to obtain injunctive relief against multiple component products, such as smartphones (see our Sep. 17, 2015 post).  In doing so, the original three-judge panel (Prost, [...]

Published: 12/21/15Publication: Patent PerspectivesReaders of this blog will know that I've frequently questioned the idea that there's a "rule" mandating that royalty or damages for infringing multi-component products be calculated using a "Smallest Salable Patent-Practicing Unit" (SSPPU) as a value-base. The idea of this "rule" has attracted quite some powerful followers and in February 2015 it was even codified into the new IEEE patent policy (!). [...]

Publication: Patent Perspectives Readers of this blog will know that I've frequently questioned the idea that there's a "rule" mandating that royalty or damages for infringing multi-component products be calculated using a "Smallest Salable Patent-Practicing Unit" (SSPPU) as a value-base. The idea of this "rule" has attracted quite some powerful followers and in February 2015 it was even codified into the new IEEE patent policy (!). [...]

Published: 11/18/15Publication: Wall Street JournalQualcomm Inc. faces new antitrust charges in South Korea that focus on a foundation of the chip maker’s lucrative patent-licensing business. The company said the staff of the country’s antitrust agency has alleged that the company has violated anticompetition laws there, recommending that the company be [...]

Published: 10/23/15Publication: FOSS PatentsTen days ago, the United States Court of Appeals for the Federal Circuit granted summary affirmance (i.e., summary judgment at the appellate stage) of Judge Koh's decision to let Apple collect $450 million from Samsung (against a bond posted years ago) even though one of the patents underlying the related [...]