15th Aug,12

Emerging FRAND jurisprudence of India – to license or not to license

2017-05-22T19:17:57+00:00By |

Published: 12/8/15Publication: Economic Times TelecomInnovation, technology and entrepreneurship have of late emerged as key objectives for the Modi Government. Almost every foreign trip of the Prime Minister has been a platform to strongly promote the ‘Digital India’ project, making it a political and economic priority for India’s incumbent government. It [...]

15th Aug,12

The SEP minefield in Europe

2017-05-22T19:17:57+00:00By |

Published: 12/8/15Publication: WIPR Vague terms in the CJEU’s decision in Huawei v ZTE leave parties with little guidance on how to act when negotiating SEP licences, particularly from an alleged infringer’s perspective. Natalia Porto of Preiskel & Co reports. The Court of Justice of the European Union’s (CJEU) decision in Huawei [...]

16th Jul,12

We need to talkÉabout Pharmaceuticals and Standard Essential Patents

2017-05-22T19:17:57+00:00By |

Published: 12/7/16Publication: Lexology"At the end of last month, Commissioner Vestager gave a speech at the Chillin’ Competition Conference. The focus: how competition law can protect consumers from anti-competitive behaviours. The Commissioner gave examples of situations in which intervention could be justified, two of which are of particular interest in the [...]

15th Jul,12

CSIRO v. Cisco: The Convergence of RAND and non-RAND Royalties for Standards-Essential Patents

2017-05-22T19:17:57+00:00By |

Published: 12/7/15Publication: Patently-OIn Commonwealth Scientific and Industrial Research Organisation v. Cisco Systems, Inc. (Fed. Cir., Dec. 1, 2015), the Federal Circuit established important new guidelines for the calculation of “reasonable royalty” damages for standards-essential patents (SEPs), even in the absence of the patent holder’s commitment to license on reasonable and nondiscriminatory [...]

15th Apr,12

Intellectual Property Rights for SMEs in China’s ICT Industry

2017-05-22T19:17:57+00:00By |

Published: 12/4/15Publication: China BriefingChina’s IPR (intellectual property rights) protection system is expanding and improving, but it remains vastly different from the European system. Accordingly, to be successful in China a business must take preventative measures to protect its intellectual property rights; one must obtain valid IPR rights in China as [...]

15th Mar,12

Federal Circuit provides guidance on royalty determination for standard essential patents (CSIRO v. Cisco)

2017-05-22T19:17:57+00:00By |

Published: 12/3/15Publication: Essential Patent BlogToday, a three-judge Federal Circuit panel (Prost (author),  Dyk and Hughes) issued its awaited decision in CSIRO v. Cisco that agreed-in-part and disagreed-in-part with Judge Davis’ damages award based on patents alleged to be essential to the IEEE 802.11 WiFi standard, but which patents did not have any FRAND or [...]

15th Feb,12

France – Uneven Standards: SEP infringement requires claimed process identical to the standard

2017-05-22T19:17:57+00:00By |

Published: 12/2/15The First Instance Court of Paris has held* that when asserting alleged Standard Essential Patents (“SEPs”), a patent holder first has to show that the process claimed in the asserted patent is identical to the process disclosed in the underlying standard. Vringo Infrastructure Inc. (“Vringo”) purchased roughly 500 patents [...]

15th Feb,12

The Risks Of Applying FRAND Calculations To Non-SEPs

2017-05-22T19:17:57+00:00By |

Published: 12/2/15Publication: Law60 There has been recent discussion about the possibility of applying the fair, reasonable and nondiscriminatory[1] royalty rates awarded by the courts for standard-essential patents to patents that are not essential to practicing a standard. For patent owners, this would transform the U.S. patent system from a winner-takes-most [...]

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