First German Decisions Applying the ECJ’s Huawei v. ZTE Framework on Injunctions for Standard Essential Patents
Published: 2/18/16
Publication: Morrison and Foerster,
Two recent German court decisions address requirements for obtaining injunctions based on standard essential patents (SEPs), applying the rules established by the European Court of Justice in its Huawei v. ZTE decision. The ECJ’s decision sets out a specific process for an SEP owner to avoid claims of abuse of a dominant position when seeking injunctive relief in the EU under FRAND-committed SEPs.
The ECJ’s decision established a general framework, and it is […]
Give us a FRAND: Unwired Planet v Huawei & Samsung
Published: 2/15/16
Publication: IPKat
The IPKat has been aware for some time that the Patents Court, in the person of Mr Justice Birss, has been devoting considerable time to a series of cases concerning mobile phone technology (Unwired Planet v Huawei and Samsung).
The dispute concerns five patents which Unwired Planet acquired from Ericsson and one which it had filed itself. These patents were asserted against Huawei, Samsung and Google (the last of […]
Japan Fair Trade Commission Issues Revised Guidelines for the use of Intellectual Property under the Antimonopoly Act
Published: 1/30/16
Japan’s Fair Trade Commission recently revised its Guidelines for the use of Intellectual Property under the Antimonopoly Act. This is the second jurisdiction in the last year or so to characterize, by guideline or regulation (as opposed to relying only on enforcement authority), certain breaches of FRAND commitments as anti-competitive under their national competition laws. Other competition agencies, such as the Canadian Bureau and Korea’s Fair Trade Commission, also are revising their IP guidelines to […]
Some European Scholarship on Huawei v. ZTE, Part 2
Published: 1/29/16
Publication: Comparative Patent Remedies
On July 16, 2015, the Court of Justice for the European Union (CJEU) issued its judgment in Huawei v. ZTE, setting out certain conditions under which E.U. competition law precludes the owner of a FRAND-committed standard-essential patent (SEP) from seeking injunctive relief for the unauthorized use of the patent. (Recently, by the way, the CJEU issued a correction to the German version of the judgment, clarifying the conditions the owner of a FRAND-committed […]
Highlights of the Draft Amendment of China’s Patent Law
Published: 1/28/16
Publication: Lexology
The State Council of China released a new draft amendment to the Patent Law submitted by the State Intellectual Property Office of China (SIPO) on December 2, 2015 for public comments. The amended clauses that catch particular attentions are those concerning the expansion of administrative enforcement power, striking down willful infringement, increase in the upper and lower limits of statutory damages, adoption of ex officio examination in patent reexamination and invalidation procedures, and establishment of […]