Mannheim Regional Court denies injunction in standard-essential patents case for antitrust reasons
Published: 11/29/16
Publication: FOSS Patents
“There was a time when I spent most Fridays–and occasionally also a Tuesday–in Mannheim (and on trains from Munich to Mannheim and back) to watch numerous smartphone patent trials. After coming to terms with a prohibition on making Internet connections from the courtroom (which prevented me from live-tweeting about the proceedings), I generally enjoyed my visits. I admired the depth of the judges’ technical understanding and their effective trial management (authoritative, but not authoritarian; […]
DŸsseldorf Court of Appeal’s First Oral Hearing on SEP-portfolio licensing – ‘Haier’-proceedings
Published: 11/28/16
Publication: Lexology
“”The Düsseldorf Court of Appeal’s first oral hearing in the proceedings “Sisvel vs. Haier” took place on 17 November 2016. Sisvel sued Haier on the ground of the Standard Essential Patents (“SEPs”) EP 1 264 504 and EP 0 852 885 which are part of Sisvel’s “Wireless Portfolio”. The Düsseldorf Regional Court inter alia rejected Haier’s FRAND-defence in first instance and granted injunctions on the grounds of both patents. The enforcement of the injunctions was […]
Judge Gilstrap enhances damages for willful infringement of SEPs (Core Wireless v. LG)
Published: 11/22/16
Publication: Essential Patent Blog
“Judge Gilstrap recently entered Final Judgment that included a 20% enhancement of damages based on a Jury Verdict that LG willfully infringed two patents that patent owner Core Wireless alleged to be essential to certain cellular standards. This appears to be the first case of a court enhancing damages based on willful infringement of a standard essential patent. Recall that Judge Gilstrap previously denied LG’s pre-trial motion to preclude finding willful infringement of […]
Protecting Consumers From Exploitation
Published: 11/21/16
Publication: European Commission
“I want to thank Alfonso Lamadrid and Pablo Ibáñez Colomo very much for inviting me to be here.
One of the first interviews I did after starting this job was with the Chillin’ Competition blog. And I’m afraid it may have given me the wrong idea of what to expect as competition commissioner. There were a lot of questions about movies and food, and not so many about competition enforcement.” – [READ MORE]
Dolby is the latest foreign patent owner to select India for asserting against Chinese companies
Published: 11/15/16
Publication: IAM
“Dolby has reportedly sued Oppo and Vivo in the Delhi High Court, accusing the two Chinese electronics and smartphone manufacturers of failing to pay appropriate royalties for use of its patented technologies. Dolby follows Ericsson in seeking to assert its rights in India, something that may indicate that the jurisdiction is growing in importance from an IP strategy perspective.” – [READ MORE]
SEPs in Europe and the US: a primer
Published: 11/14/16
Publication: World IP Review
“Standards are governed by the intellectual property policies of the standard-setting organisations (SSOs) that propagate them, and also competition law, due to the fact that standards are agreements between competitors to make one product and not another.
There are generally no regulations or statutes directly applicable solely to standard-setting in the US or EU, although there is a provision in the US National Research and Development Act that can limit liability under US […]