Published: 1/9/17Publication: Lexology"The Marseille Commercial Court recently ruled that the sending of letters to the customers of a smartphone creator and seller warning them against possible infringement constituted offers for a fair, reasonable and non-discriminatory (FRAND) licence and was thus not considered unfair competition.(1) The case is the first French [...]
Published: 1/6/16Publication: IAMAs always, the arrival of the new year provides an opportunity to set out grand plans for the twelve months to come and indulge in a bit of optimism about what can be accomplished in that time span. Patent offices are no different, and today we look at [...]
Published: 1/6/16Publication: Comparative Patent RemediesAs mentioned previously on this blog (see here and here), district courts in Düsseldorf and in Mannheim recently have issued injunctions in favor of the owners of FRAND-encumbered SEPs. Interestingly, in both cases the entity asserting the patents was a nonpracticing entity. The courts left many questions open but both [...]
Published: 1/2/14Publication: The Economic TimesThis op-ed discusses the application of India’s Competition Act to breaches of FRAND commitment. It states that “India’s Competition Act is equipped to deal with scenarios where the SEP holder reneges on Frand commitments. This would generally attract the Act’s provisions against ‘abuse of dominance’ (Section [...]
Published: 1/1/15Publication: Law360"Law360, New York (January 14, 2015, 6:06 PM ET) -- Ericsson Inc. sued Apple Inc. on Wednesday in Texas federal court, claiming it has complied with a pledge to license its standard-essential wireless patents on terms that are fair, reasonable and nondiscriminatory, in response to Apple's suit claiming [...]
Published: 1/1/15Publication: SpicyIP"As his first entry to our SpicyIP Fellowship applicant series, Kartik Chawla brings us an interesting post looking at the smartphone patent wars from an innovation perspective. He says a disruption in the smartphone sector may help overcome some of the issues that are cropping up with all the SEP [...]