IP Europe and ACT clash over ‘licence to all’ SEP system
Published: November 8, 2017
Publisher: IPPro Patents
“IP Europe has claimed that, if implemented, a ‘licence to all’ system for standard essential patents (SEPs) in Europe could be a “licence to kill” for innovation in Europe.
The research and development organisation, whose corporate members include Airbus, Ericsson, Nokia and Orange, claimed that the EU Commission’s current draft on SEPs, if adopted, would “harm European inventors and threaten Europe’s position as a leader on the technology behind 5G and the internet of things”.
All eyes on the ITC as decision looms on case that could open the door to SEP injunctions in the US
Published: November 8, 2017
Publisher: IAM
“You just don’t get injunctions in cases relating to standard essential patents in the US, do you? Absolutely not, in almost all circumstances. However, during a presentation at last week’s IPBC Asia in Tokyo, Vinson & Elkins partner John Fuisz drew delegates’ attention to a recent initial determination in an ITC case that might lead to that changing. In the Matter of Certain Magnetic Data Storage Tapes and Cartridges Containing Same – involving Japanese companies Sony and Fujifilm […]
IP Europe’s Disingenuous Case for Giving its Members a License to Discriminate
Published: November 7, 2017
Publisher: ACT | The App Association
In a new blog post, IP Europe gave its favorite false narrative a new coat of paint by suggesting that the bedrock FRAND requirement of “license for all” equates to some kind of “license to kill.” It’s a clever turn-of-phrase designed to appeal to European Commission officials debating the final shape of a Communication on the licencing of standard essential patents.
Parts of the Commission, including the all-powerful DG Competition, have been skeptical […]
European Commission on verge of upending long-established mobile communications licensing practices
Published: November 6, 2017
Publisher: IAM
“A fundamental change to SEP licensing related to mobile communications technology is on the verge of being proposed by the European Commission. According to IP Europe – a coalition of IP intensive, R&D companies including Orange, Ericsson and Nokia – plans being championed by the Competition directorate-general would see the Commission endorse a “license to all” policy in place of the currently used “access to all” approach. This could have a dramatic effect on […]
Beijing High People’s Court revises Guidelines for Patent Infringement Determination
Published: November 6, 2017
Publisher: Lexology
“On April 20 2017 the Beijing High People’s Court issued the newly revised Guidelines for Patent Infringement Determination in Chinese, English and Japanese. The guidelines include sections on:
- determining the scope of protection of inventions and utility models;
- determining what constitutes invention and utility model infringement;
- determining the scope of protection of design patents;
- determining what constitutes design patent infringement;
- determining patent infringement activities; and
- defending against patent infringement.
In addition to the comprehensive rules on […]
A “FRAND Injunction” – UK Courts develop a new remedy
Published: November 2, 2017
Publisher: Lexology
“In his latest decision in the Unwired Planet v Huawei case, Mr Justice Birss has provided guidance on the nature and scope of remedies available to Standard Essential Patent (SEP) owners in the UK, including availability of a new type of injunction called a “FRAND injunction”. This decision followed his earlier judgment involving the same parties in which he dealt with the issues of Fair, Reasonable and Non-Discriminatory (FRAND) royalty terms and abuse of dominant position by […]