Conversant’s London SEP suit underlines Europe’s growing appeal for FRAND licensing disputes
Published: July 28, 2017
Publisher: IAM
“The growing status of London’s High Court as a venue of choice for licensing disputes involving standard essential patents (SEPs) was reinforced this week when Conversant filed a lawsuit against ZTE and Huawei, accusing the Chinese telecoms giants of patent infringement (you can see Conversant’s statement announcing the case here).
The four patents that are being asserted herald originally from Nokia and relate to 2G, 3G and 4G wireless technology. Conversant acquired the assets in […]
Five things to watch for when China’s new antitrust and IP guidelines are published this year
Published: July 28, 2017
Publisher: IAM
“As we reported earlier this month, the Anti-Monopoly Commission of China’s State Council will release a major set of IP and antitrust guidelines in their final version before the end of 2017.
The guidelines are a big project that has been several years in the making. All of the major antitrust and IP-related agencies – NDRC, SAIC, Ministry of Commerce and SIPO – are collaborating this time around, whereas in the past they have issued their own […]
Why Qualcomm Is Seeking an Import Ban on Certain Apple iPhones
Published: July 28, 2017
Publication: Market Realist
“Qualcomm (QCOM) has been making headlines for quite some time due to its many legal cases with regulators, customers, and competitors.
These legal attacks are targeting Qualcomm’s licensing model. They state that Qualcomm refuses to sell its 3G (third-generation) and 4G (fourth-generation) chips to handset makers unless they license the technology, which is a standard essential to mobile communications. Moreover, it also doesn’t license these standard essential patents to its competitors.”
Patent owners sound alarm over proposed “compulsory licensing for SEPs” in Japan
Published: July 27, 2017
Publication: IAM
“A public comment period is now open on a number of IP system reforms being considered by Japanese policymakers, including a new alternative dispute resolution (ADR) system for SEP disputes. If adopted by Japan’s legislature, the proposal would see a mediator appointed by the Japan Patent Office (JPO) set licence rates in SEP cases at the request of implementers. One patent owner is characterising the system as ‘compulsory licensing for SEPs’.’”
A FRAND torpedo? An update on Vodafone v Intellectual Ventures
Published: July 24;
Publication: Lexology
“Patentees commonly litigate in Germany. The validity of a patent is considered separately from (generally after) any infringement claims. Infringement proceedings, including injunctive relief, are not typically stayed pending a validity challenge. The availability of a relatively quick infringement decision and potential injunction against a licensee who has not complied with the Huawei v ZTE framework seem to make it an attractive option.”
Interim royalties may soon be a regular feature of Chinese patent litigation, and implementers will set the price
Published: July 24, 2017
Publication: IAM
“The legal environment around SEP and FRAND issues is developing very rapidly in China, and a new set of guidelines released by the Beijing Higher People’s Court adds yet more new ideas to the mix. In some areas, the document borrows from overseas principles like those set forth in the ECJ’s Huawei v ZTE decision, while in others it appears to show more deference to implementers – a strong constituency in China, of course.”