FRAND case against Huawei, ZTE to proceed in UK
Published: April 20, 2018
Publisher: WIPR
Huawei’s and ZTE’s attempt to escape a patent dispute with a licensing company by questioning the jurisdictional legitimacy of the English courts has been thwarted.
Mr. Justice Henry Carr delivered the decision at the English High Court on Monday, April 16.
Conversant Wireless Licensing is a subsidiary of Luxemburg-based Conversant IP Management, an IP management firm specializing in technology patents and licenses. The subsidiary licenses wireless patents covering technologies used in mobile devices, including many […]
Poor reception for jurisdiction challenge to global FRAND license relief
Published: April 18, 2018
Publisher: IPKat
Does the English Court have jurisdiction to grant relief in the form of a global FRAND license in relation to a claim for infringement of UK patents, where UK sales account for only 1% or less of worldwide sales on which royalties are claimed? This was the subject of the decision of Carr J. in the Patents Court on Monday in Conversant Wireless Licensing S.A.R.L v Huawei Technologies Co. Ltd, ZTE Corporation and […]
Interplay between patents and antitrust
Published: April 17, 2018
Publisher: World Trademark Review
By their very nature, IP rights are monopolistic. Patent laws in particular, which seek to encourage innovation by granting limited monopolies over inventions, epitomize this aspect of IP rights. Since a patentee is statutorily empowered to prevent others from infringing its right – and thereby gains an economic advantage – patent rights do appear to run counter to competition. Indeed, antitrust laws aim to foster competition in the market by preventing […]
Judge blocks Huawei’s Chinese injunctions against Samsung
Published: April 16, 2018
Publisher: Law.com
No matter what the Federal Circuit or the new head of DOJ antitrust might have said, standard-essential patents and injunctions don’t mix.
That’s the takeaway from U.S. District Judge William Orrick III’s order on April 13 in Samsung Electronics Co. and Huawei Technologies Co.’s worldwide patent litigation.
Samsung prevailed with Orrick to temporarily nullify Chinese court injunctions that would have blocked Samsung from making and selling smartphones in that country. Orrick ruled it was […]
FTC Commissioner Criticizes DOJ’s Patent Approach
Published: March 22, 2018
Publisher: Law 360
Commissioner Terrell McSweeny of the Federal Trade Commission on Wednesday said it would be wrong for enforcers not to focus on patent holders in the standard-setting process, offering a bright contrast to recent policy pronouncements made by U.S. Department of Justice leadership.
McSweeny issued a statement addressing recent criticisms made by the DOJ’s antitrust chief and others saying that enforcers have spent too much energy focusing on the so-called patent holdup problem.
Race to publish rival SEP & FRAND Codes of Conduct: new CEN-CENELEC working groups established
Published: March 22, 2018
Publisher: Lexology
In the subsequent months there have been some significant developments. The Commission’s Communication has been published (here, analysed in an article we wrote for the CIPA Journal here), although there was a notable absence of any specific reference to use-based or chipset licensing. The Nokia-backed proposal for a Code of Conduct has also crystallised into the form of a CEN-CENELEC workshop that kicked off in October 2017 (WS-SEP).
Perhaps alive to the […]