Apple faces down Qualcomm, Ericsson over EU patent fees
Published: October 2, 2017
Publisher: Reuters
“The European Union is drawing up guidelines on how much patent holders should charge for their technologies, a thorny issue that pits Apple and other users against Qualcomm and Ericsson.
Trillions of dollars in sales are at stake as regulators ponder whether a fridge maker should pay a different rate for crucial patents than a carmaker, or whether a flat, fixed rate would be fairer.”
Patent licensing and FRAND: a new approach
Published: September 28, 2017
Publisher: Lexology
“Two recent decisions in Unwired Planet v Huawei clarify and supplement recent European case law on the meaning of FRAND and provide guidance on how to conclude a FRAND (fair reasonable and non-discriminatory) licence and calculate FRAND royalties. They also signal the dawn of the “FRAND defence” which may result in a diminishing role for competition law in future FRAND cases.”
Ruling by Düsseldorf court offers businesses guidance on the licensing of standard-essential patents, says expert
Published: September 27, 2017
Publisher: Out-law
“New guidance on how businesses should go about negotiating the terms of licence agreements for standard-essential patents has been provided by the Düsseldorf Appeals Court in a recently published ruling.
The judgment builds on principles established in case law by the EU’s highest court, and also highlights a major difference of opinion within the German court system over the level of detail in which ‘first instance’ courts should examine licensing offers made by standard-essential patent owners […]
Judge rules against Qualcomm twice in its patent battles against Apple
Published: September 21, 2017
Publisher: Phone Arena
“Judge Gonzolo P. Curiel of the United States District Court for the Southern District of California, today rejected Qualcomm’s request for a preliminary injunction. Qualcomm was hoping that the court would force manufacturers of the Apple iPhone and AppleiPad to pay the chip maker royalties for the use of certain Qualcomm patents. These standard essential patents are supposed to be licensed using fair, reasonable and non-discriminatory terms (FRAND). Contract manufacturers like Compal Electronics Inc., Foxconn Technology Group, Pegatron Corp. and Wistron […]
Qualcomm loses two key rulings in its patent royalty fight with Apple
Published: September 20, 2017
Publisher: Apple Insider
“Apple and Qualcomm have a complex relationship, in that Apple doesn’t directly license Qualcomm’s patents involved in this case. Instead, Apple’s contract manufacturers Foxconn, Pegatron, Wistron and Compal pay licensing fees to Qualcomm for the use of its patents involved in manufacturing cellular iPads and iPhones. Apple therefore pays for these royalties indirectly as part of the manufacturing costs.”
Microsoft v Motorola judge criticises recent UK Unwired Planet SEP licensing decision
Published: September 19, 2017
Publisher: IAM
“US district court judge James Robart has taken aim at the decision handed down by Justice Colin Birss in the high profile London High Court SEP/FRAND case of Unwired Planet v Huawei, decided earlier this year. Speaking at the annual IPO meeting in San Franciscoyesterday, Robart – who handed down the famous Microsoft v Motorola decision in 2013and sits in the Western District of Washington – said that Birss was wrong to offer specific royalty rates […]