Published: 3/12/16Publication: Rebecca Tushnet's 43(B)logJorge L. Contreras, “Private Ordering or Public Law? The Legal Character of Technical Standard Setting”: Private ordering structure arises when public enforcement mechanisms are unavailable (crime syndicates, rural settings) or less efficient/logical (credit rating, accounting standards). Standard setting: collaboration among competitors; technical focus, not legal; ideally [...]
Published: 3/10/16Publication: Comparative Patent RemediesOn Wednesday, March 15 at 2 p.m. EST, the IPO Chat Channel is presenting a webinar titledAntitrust in Asia: SEPs and New IP Guidelines in China, Korea, and Japan. Here is a link to the webpage, and here is a description of the webinar: For all [...]
Published: 3/10/16Publication: LexologyIn recent years, the term 'standard-essential patent' has become a buzzword in Chinese antitrust practice. Standard-essential patents raise numerous issues, including with regard to the application boundaries of the Anti-monopoly Law, the balance between public and private rights and the future direction of enforcement and judicial practice. The [...]
Published: 3/8/16Publication: Kluwer Patent BlogConsider this hypothetical: a company discovered a new compound and obtained a patent on the compound. Later, this compound was discovered to be ten times harder than diamond. Soon, cutting tools made with this new compound replaced all other types of cutting tools, including diamond tools. [...]
Published: 3/8/16Publication: Lexology“Standard Essential Patents on FRAND terms” has been subject of many court disputes around the world. In India, as well, there are many on-going cases on the subject in the mobile phone industry. The Department of Industrial Policy & Promotion (DIPP) With the aim of developing a suitable [...]
Published: 3/7/17Publication: The Daily Caller"Years of Qualcomm’s aggressiveness with its patent licensing may have finally reached a tipping point as Apple, along with trade agencies in the U.S. and South Korea are demanding greater accountability from the San Diego company. In the past two months, a lawsuit by Apple, a [...]
Published: 3/7/16Publication: Financial ExpressThe domestic handset manufacturers like Micromax, Lava, and Intex are contemplating to adopt a collaborative approach to fight the spate of patent litigation involving the likes of Swedish telecom equipment manufacturer Ericsson. While the court cases are pending, the local players have had to pay royalties to [...]
Published: 3/6/17Publication: IP-Watch"Dieter Ernst claims in this study that the FRAND regime remains shackled with transaction costs and that the licensing of SEPs is prone to a host of different market failures associated with information asymmetries, market power and free riding as well as externalities (both positive and negative)." -- [READ [...]
Published: 3/3/17Publication: Forbes"Most consumers don’t care what makes their smartphones work, even though smartphones cost a good chunk of change. As long as they can get online anywhere to search, tweet, download, snap and share; all is well. But it’s the ability to connect to the Internet that makes a [...]
Published: 3/3/16Publication: National Law ReviewOn February 25, 2016, Judge Richard Andrews granted the parties’ cross-motions to exclude both sides’ damages experts in M2M Solutions LLC v. Motorola Solutions, Inc., C.A. No. 12-33-RGA, Dkt. Nos. 295 and 296 (D. Del. Feb. 25, 2016), and in doing so provided a salient reminder to [...]