DOJ and FTC Propose Updated Antitrust Guidelines for Licensing of Intellectual Property
Published: 8/17/16
Publication: Hogan Lovells
“On August 12, the U.S. Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) proposed updates to their Antitrust Guidelines for the Licensing of Intellectual Property (Guidelines). The agencies have not been amended the Guidelines since they were originally released in 1995. The revisions do not substantively modify the general principles of the 1995 Guidelines, and they do not address some of the hottest topics at the intersection of antitrust and IP […]
Ericsson’s offer of SEP terms to TCL held to adhere to FRAND standards by U.S Court
Published: 8/16/16
Publication: Spicy IP
On the 1st of August, 2016, California District Court Judge James V. Selna ruled that some of the license terms that Ericsson offered TCL Communication Technology Holdings Limited (‘TCL’) were fair, reasonable and non-discriminatory, narrowing TCL’s claims in their lawsuit against Ericsson.
This lawsuit was filed in 2014, and alleges Ericsson’s refusal to license their Standard Essential Patents (SEPs) of global 2G, 3G and 4G standards at fair, reasonable, and non-discriminatory (FRAND) terms. Importantly, only some of […]
FTC and DOJ Antitrust Division Request Comments on Proposed Revisions to Antitrust Guidelines for Licensing IP
Published: 8/15/16
Publication: Lexology
“After several turbulent years of litigation and policy wrangling, many have asked whether the federal antitrust agencies should rewrite their two-decade old Antitrust Guidelines for the Licensing of Intellectual Property (“Guidelines”). Should they provide clearer guidance regarding thorny questions about licensing standard essential patents (SEPs), patent assertion entities (PAEs), reverse payment settlements, or other matters that have prompted new guidelines from other enforcers around the world? On August 12, the Federal Trade Commission […]
Will Ericsson’s Master Sale Agreement to Unwired Planet come unstuck?
Published: 7/28/16
Publication: Reddie & Grose
Samsung and Huawei are defending themselves in the UK courts against Unwired Planet’s claims of patent infringement. As the patents are standards-related, Samsung and Huawei have raised a number of defence arguments based on competition law, as well as based on the typical considerations of patent invalidity. [READ MORE]
FRAND in Finance
Published: 7/25/16
Publication: Lexology
The European Commission has accepted legally binding commitments from the International Swaps and Derivatives Association Inc. (ISDA), a trade organisation in the market for over-the-counter derivatives, and Markit, a financial information service provider, to license their IP on fair, reasonable and non-discriminatory (FRAND) terms (see here). This forms part of an EU-wide initiative to make financial markets more efficient, resilient and transparent.
Samsung hits back at Huawei as patent feud escalates
Published: 7/22/16
Publication: FierceWireless
Samsung struck back at Huawei, filing suits in multiple courts in China claiming the smaller smartphone vendor has infringed on six of its patents, Reuters reported.
A suit was actually filed two weeks ago in a Beijing court, Reuters said, but Samsung just announced it today. The world’s largest smartphone vendor declined to discuss the patents at the heart of the case, but Samsung is reportedly seeking more than $24 million in damages. [READ MORE]