Published: 3/3/16Publication: LexologyWith the rapid development and dissemination of technology in the modern world, disputes involving standard essential patents (“SEP”) and patents subject to reasonable and non-discriminatory licensing (“FRAND”) are becoming increasingly prevalent. The interplay and interconnected nature of modern technology poses unique challenges in the balancing of intellectual property [...]

Published: 3/3/16Publication: LexologyWe commented in our last quarterly briefing on the phenomenon of patent privateering in the TMT sector, in the context of a dispute between Unwired Plant and Huawei and others (see here). The long-running global dispute between Vringo and ZTE is another example of patent privateering. Vringo Infrastructure, Inc. [...]

Published: 3/2/16Publication: Spicy IPThe Department of Industrial Policy & Promotion (DIPP) has published a paper on “Standard Essential Patents, and their availability on FRAND terms”.  The paper can be accessed here.  The last date to respond to it March 31, 2016. Objective: The Department of Industrial Policy and Promotion has prepared [...]

Published: 3/1/17Publication: Essential Patent Blog"Judge Gilstrap recently ruled that  certain challenges to a damages expert’s testimony  went toward the weight a jury could give that testimony, rather than whether the testimony should be admitted.  Specific FRAND-related portions of the testimony that he would admit at trial include the following: " -- [READ MORE]Read [...]

Published: 3/1/17Publication: Essential Patent Blog"Magistrate Judge Payne recently ruled against prospective licensee T-Mobile’s motion to dismiss patent owner Huawei’s Declaratory Judgment Complaint that seeks a declaration that Huawei  complied with its FRAND commitments to ETSI regarding LTE standard-essential patents during Huawei’s license negotiations with T-Mobile.  Judge Payne did not rule whether or not Huawei [...]

Published: 3/1/15Publication: Law360"Law360, New York (March 13, 2015, 8:26 PM ET) -- Standard-essential patent holders should license their patents at realistic rates, federal officials said at a conference Friday, explaining that many IP owners base their rates on the profit a licensee's product reaps, rather than on the patented invention's [...]

Published: 2/9/17Publication: Morning Consult"We take smartphones for granted, but they’re truly revolutionary. Today’s devices have greater computing power than the entire arsenal of NASA computers used to send the Apollo rockets to the moon.   Think about that the next time you check the price of bananas at the local [...]

Published: 2/9/15Publication: Patently-O"On February 8, the Board of Directors of the Institute of Electrical and Electronics Engineers (IEEE) voted to approve a set of amendments to the organization’s patent policy.  The changes largely relate to the commitment of IEEE members to license patents to users of IEEE standards on terms [...]

Published: 2/8/16Publication: WIPRCompanies that own standard-essential patents (SEPs) must stick to their obligation of licensing them on fair, reasonable and non-discriminatory (FRAND) terms, the EU commissioner for competition has said. In a speech given to the College of Europe’s Global Competition Law Centre last week, EU commissioner Margrethe Vestager said: [...]

Published: 2/8/16Publication: Comparative Patent Remedies,J. Gregory Sidak has some new papers on patent remedies and related issues, including the following:   1.  Ongoing Royalties for Patent Infringement, forthcoming in 24 Texas Intellectual Property Law Journal (2016).  Here is a link to the paper, and here is the abstract: Section 283 [...]