Published: 10/31/16

Publication: Lexology

“In TCL v. Ericsson (C.D. Cal.), the court established a framework for determining whether patent owner Ericsson adhered to its FRAND obligations for licensing standard-essential patents for telecommunications standards and what the FRAND terms would be.

According to this framework, the jury will first decide whether Ericsson complied with its obligations to offer licenses to standard-essential patents on FRAND terms. Next, the jury will consider whether the two license offers by Ericsson were FRAND licenses, […]

Published: 10/28/16

Publication: IAM

“The continued issuance of high quality patents is the key to preventing the widespread activities of troll-like patent assertion entities in Europe, a new report from the European Commission’s Joint Research Centre has concluded.

Based on work undertaken by a team led by the centre’s senior fellow Nikolaus Thumm, a former chief economist of the European Patent Office, Patent Assertion Entities in Europe. Their impact on innovation and knowledge transfer in ICT markets takes […]

Published: 10/17/16

Publication: IAM

“Qualcomm on Saturday announced that it has expanded its assertion campaign against Meizu, the largest Chinese smartphone maker yet to conclude a licence agreement with the US chipmaker since its 2015 settlement with Chinese regulators. The move should definitively put to rest rumours that had swirled in Chinese-language media suggesting that the two sides had reached a settlement that would soon be made public. In a public response, Meizu took the opportunity to portray itself […]

Published: 10/14/16

Publication: National Law Review

“For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995. The intervening quarter century brought stunning technological advancement, during which time Agencies, courts, and legislators have attempted to apply IP protections in rapidly changing markets without stifling innovation or commerce. The modest proposed revision to the Guidelines evaluates the current landscape […]

Published: 9/27/16

Publication: Managing Intellectual Property

For years, the courts have been preoccupied with infringement proceedings that are conducted by standard essential patents (SEP) holders, who previously submitted declarations as part of the standardization process, namely assurances that prospective licensees will be granted licenses under fair, reasonable and non-discriminatory (FRAND) conditions. The dispute is particularly about the extent to which an SEP can be enforced in court by dominant companies without them, in doing so, breaching the antitrust abuse […]

Published: 9/16/16

Publication: Lexology

“Earlier this year, the Canadian Competition Bureau updated its Intellectual Property Enforcement Guidelines. The Guidelines supersede earlier guidance published in 2014, and serve to clarify the circumstances in which the Bureau can be expected to exercise its enforcement powers in relation to behaviour by intellectual property owners. One topic that has received considerable attention in the new Guidelines is that of Standard Essential Patents (SEPs). Nonetheless, a number of open questions remain […]