Hypocritical Red Hat hopes to leverage patents to cement its Linux market leadership: Microsoft deal
Published: 9/17/15
Publication: FOSS Patents
At a hearing in March, Apple faced a skeptical court for its fourth or so attempt to obtain a U.S. patent injunction against Samsung. Today, the United States Court of Appeals for the Federal Circuit issued a ruling that vacates Judge Koh’s August 2014 denial of an injunction in the second California litigation between Apple and Samsung and remands for further proceedings. However, Chief Judge Sharon Prost strongly disagrees with her two colleagues on […]
The European Union’s Highest Court Rules on Standard-Essential Patents, Injunctions and Abuse of Dominance
Published: 8/28/15
Publication: National Law Review
The long-awaited ruling regarding the circumstances under which the owner of a standard-essential patent (SEP) encumbered by fair, reasonable and non-discriminatory (FRAND) terms may seek injunctive relief has been delivered by the Court of Justice of the European Union, in Huawei v. ZTE, Case No. 170/130 (CJEU). Although the judgment lays down the legal test applicable to injunctions involving standard-essential patents, and significantly clarifies the landscape that had previously been shaped by the […]
Ninth Circuit affirms Judge Robart’s RAND decision (Microsoft v. Motorola)
Published: 7/31/15
Publication: Essential Patent Blog
Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and non-discriminatory (RAND) royalty rate and Motorola’s breach of its RAND commitments were reasonable based on the specific procedural and evidentiary issues presented. This case provides good insight into procedural and evidentiary issues that those litigating standard essential patents (SEPs) should consider, […]
Microsoft Beats Google as Patent Royalty Case May Aid Consumers
Published: 7/30/15
Publication: Bloomberg Business
Microsoft Corp. won an appeals court ruling that may lower the rates many electronics makers pay to license technology considered standard in smartphones and computers. An appeals court in San Francisco Thursday upheld a $14.5 million jury verdict against Google Inc. as punishment for unfairly demanding what Microsoft said amounted to billions of dollars for use of patents covering Wi-Fi and video downloads. The decision gives new ammunition to companies like Apple Inc., Intel […]
EU regulator rules on Huawei v ZTE and the abuse of a dominant position in SEP rights
Published: 7/16/15
Publication: Out-Law.com
The Court of Justice of the European Union (CJEU) has ruled that the owner of a standard-essential patent (SEP) could be abusing its dominant position by bringing a prohibitory injunction against an infringer of that patent if it has not first written to the infringer laying out terms and specifying the royalties that are due.
An SEP is a ‘patent essential to a standard’: it is impossible for competitors to make products that comply with […]
European Union High Court gives guidance on seeking injunctive relief on FRAND-encumbered SEPs (Huawei v. ZTE)
Published: 7/16/15
Publication: Essential Patent Blog
Today, a European Union high court issued a ruling that provides guidance on what steps the owner of a FRAND-encumbered patent that may be essential to a standard should take before seeking injunctive relief. The court also ruled that a willing licensee should act without delay, provide a counter-offer, and actively pay royalties (in trust or otherwise) for past and on-going use of the patent while the parties negotiate toward a FRAND license. […]