Japan’s competition watchdog set to implement tough SEP guidelines that may hurt Japanese companies
Published: 1/25/16
Publication: IAM
Japan’s Fair Trade Commission last week announced changes to the document which governs how its antitrust regulators look at actions taken by IP owners, particularly those who own standards-essential patents (SEPs), in the context of the country’s Anti-Monopoly Act. The amendments appear little changed from those which were released for comment last summer, which generated divisions in industry and even, some observers said, the government. Their adoption confirms Japan as just one of the increasing […]
Some European Scholarship on Huawei v. ZTE, Part 1
Published: 1/18/16
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 SEP must […]
Two Papers on the Chinese Huawei v. InterDigital FRAND Dispute
Published: 1/15/16
Publication: Comparative Patent Remedies
Yang Li and Nari Lee have posted a paper on ssrn titled European Standards in Chinese Courts – A Case of SEP and FRAND Disputes in China, which is forthcoming in Governance of Intellectual Property Rights in China and Europe (N. Lee, N. Bruun & M. Li eds., Edward Elgar Publishing 2016).
FRAND Update: CJEU corrects the German version of the Huawei vs ZTE judgment
Publication: Kluwer Patent Blog
Mannheim Court Grants Injunction for Infringement of FRAND-Encumbered SEP
Published: 12/24/15
Publication: Comparative Patent Remedies
OK, so officially I’m on a blogging break for the next few days, but Norman Siebrasse just called my attention to an EPLaw post and TaylorWessing write-up about a November 27 judgment of the Mannheim District Court granting an injunction against Deutsche Telekom for the infringement of a FRAND-encumbered SEP owned by a subsidiary of Acacia. (I’m surprised I hadn’t heard about this at the TILEC conference or elsewhere before now.) This is the second […]
Federal Circuit revised injunction decision to emphasize patented feature being one of several that drive purchasing decision (Apple v. Samsung)
Published: 12/23/15
Publication: Essential Patent Blog
Last week, the Federal Circuit denied en banc review by the entire court of the three-judge panel decision in the Apple v. Samsung case that had revived the ability to obtain injunctive relief against multiple component products, such as smartphones (see our Sep. 17, 2015 post). In doing so, the original three-judge panel (Prost, Moore and Reyna) issued an Order that withdrew their original opinion and issued a revised opinion that focuses on the patented feature being “one of […]