Published: 10/2/16Publication: Essential Patent Blog"At the same time that Judge Gilstrap recently entered his bench trial ruling that rejected Metaswitch’s standards-based equitable defenses (see our Oct. 2, 2016 post), he also entered an Order that rejected Metaswitch’s request to set aside a jury’s verdict that it infringed valid patent claims based on, among [...]

Published: 9/12/16Publication: Mondaq"On August 12, the U.S. Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) announced a proposed update to their Antitrust Guidelines for Licensing of Intellectual Property (the Guidelines), and called for public comments. The Guidelines summarize the agencies' antitrust enforcement policies with respect to the licensing [...]

Published: 9/7/16Publication: Essential Patent Blog"Judge Gilstrap recently denied accused infringer LG’s motion for summary judgment that alleged standard essential patents (“SEPs”) were not willfully infringed, letting that issue go to the jury;  if the jury finds willful infringement, then the court may decide whether and to what extent to enhance damages based on such [...]

Published: 9/6/16Publication: National Law Review"Mark September 26, 2016, on your calendar as the deadline to tell the DOJ and FTC what should be changed, or not, in the Antitrust Guidelines for the Licensing of Intellectual Property. On August 12, 2016, the DOJ and FTC issued a proposed update to those Guidelines and set the September [...]

Published: 9/1/16Publication: Essential Patent Blog"Judge Payne recently denied defendant LG’s motion to exclude damages expert testimony on alleged standard essential patents (SEPs) where LG challenged the experts opinion (1) because he did not start with a royalty-rate that is then adjusted  by applying Georgia-Pacific factors and (2) because he failed to apportion value to the patented [...]

Published: 8/5/16Publication: LexologyConceptually, intellectual property rights (IPRs) and competition law appear to be at odds: the former grants temporary monopolies and the latter protects and encourages market competition. This potentially difficult relationship has been increasingly at the heart of competition policy. As innovation becomes more important to economic success, there [...]

Published: 8/4/15Publication: IAMIn a wide-ranging interview, Konstantinos Karachalios, the managing director of the IEEE Standards Association (IEEE-SA), has explained why he feels the changes made earlier this year to the IEEE-SA’s patent policy, were essential to the future stability of licensing worldwide. Speaking to the IAM blog Karachalios insisted: “This [...]

Published: 8/3/15Publication: PatentlyOIn a well written decision, the 9th Circuit has affirmed the lower court ruling that Motorola/Google owes $14 million to Microsoft for failing to live-up to its RAND commitments. Although Motorola (now Google) committed several WiFi-essential patents to Reasonable and Non-Discriminatory (RAND) licensing, it later demanded that Microsoft [...]

Published: 8/1/16Publication: LexologyThe Supreme Court of China (SPC) has recently published a new judicial interpretation with regards to the applicability of relevant laws when patent infringement cases are handled, which took effect from April 1, 2016. It is a further development of SPC’s judicial interpretation on the trial of patent [...]

Published: 8/1/16Publication: Law360A California federal judge has ruled that some of the license terms Ericsson Inc. offered a Chinese mobile phone developer for standard-essential patents for wireless technology were fair and reasonable, narrowing the developer's claims in its suit alleging Ericsson overcharged it. [READ MORE]Read More