Published: 4/8/16Publication: Comparative Patent RemediesRead More

Published: 4/7/17Publication: IAM"On Wednesday, the High Court sitting in London handed down the UK’s first-ever decisionin a case relating to the licensing of standard essential patents on a FRAND basis. It came down on the side of licensor Unwired Planet in its dispute with Huawei, and provided a long, very detailed [...]

Published: 4/7/16Publication: LexologyOn March 31, 2016, the Competition Bureau (Bureau) released revised Intellectual Property Enforcement Guidelines (IPEGs). These IPEGs reflect incremental changes to the draft version released for consultation last year. Most notably the new IPEGs provide further guidance on (i) pharmaceutical patent litigation settlements, (ii) product switching (also known as “product hopping”), (iii) [...]

Published: 4/6/17Publication: Law360"HTC America Inc. filed a FRAND suit in Washington federal court on Thursday alleging Ericsson Inc. refuses to accept its fair and reasonable royalty rate calculations to license standard-essential patents related to cellular and wireless networks, saying Ericsson is attempting to overcharge it for soon-to-be-obsolete technology. Ericsson holds standards-essential [...]

Published: 4/6/16Publication: LexologyWhether standard essential patents holders (hereinafter “SEP holders”) who have made commitments to license the patents on fair, reasonable and non-discriminatory terms (“FRAND commitments”) to standard-setting organizations should be granted injunctive relief and in what situation the granting of the injunctive relief should be restricted are hot topics [...]

Published: 4/5/17Publication: IPKat"Fresh off the press is today's decision from Mr Justice Birss in Unwired Planet v Huawei [2017] EWHC 711 - the latest judgment in the Unwired Planet cases (see previous Kat reports here).  Clocking in at a cool 166 pages, the decision is the first time the High Court has not only assessed whether offers [...]

Published: 4/4/17Publication: CNET"Qualcomm has asked a federal judge to dismiss a lawsuit filed by the Federal Trade Commission that accuses the wireless chip maker of maintaining its market dominance through anticompetitive behavior. The company's motion, filed Monday in the US District Court in San Jose, California, contends that the FTC's [...]

Published: 4/1/17Publication: National Law Review"The Hague District Court in the Netherlands rejected a claim brought by smartphone maker Archos alleging that Philips had abused its dominant position during negotiations concerning licenses on fair, reasonable and non-discriminatory (FRAND) terms for standard essential patents (SEPs). Archos S.A. v. Koninklijke Philips N.V. (Dist. Ct. of [...]

Published: 4/1/16Publication: Financial ExpressTimes change, and so do business models. This is especially true for licensing of standard-essential patents (SEPs). What was an excellent business practice in the 1990s is not a viable business strategy today. The cross-licensing rates of those days cannot be used as a benchmark today. If [...]

Published: 4/1/16Publication: LexologyA number of national competition agencies have recently been reviewing their IPR guidelines giving rise to some interesting trends and developments… On 31 March 2016 the Canadian Competition Bureau released updated IPR Enforcement Guidelines (the “Canadian IPR Guidelines”) (see here for a press release and here for the Enforcement Guidelines themselves). The main revisions [...]