Federal Circuit provides guidance on royalty determination for standard essential patents (CSIRO v. Cisco)
Published: 12/3/15
Publication: Essential Patent Blog
Today, a three-judge Federal Circuit panel (Prost (author), Dyk and Hughes) issued its awaited decision in CSIRO v. Cisco that agreed-in-part and disagreed-in-part with Judge Davis’ damages award based on patents alleged to be essential to the IEEE 802.11 WiFi standard, but which patents did not have any FRAND or other standard-setting obligation (see our July 28, 2014 post on Judge Davis’ decision). This is an important decision that provides incremental insight into proving and determining […]
Micromax-Ericsson patent row: Bailable warrants against founders
Published: 12/3/15
Publication: Financial Express
In a major setback for the promoters of home-grown handset maker Micromax, the Delhi High Courton Wednesday issued bailable warrants against three of them — Sumeet Kumar, Rahul Sharma and Vikas Jain — in a matter of contempt on its earlier order of November 2014 relating to payment of royalty to Swedish technology major Ericsson on the sale of its handsets. It also restrained Micromax’s subsidiary firm YU Televentures from importing and selling mobile […]
France – Uneven Standards: SEP infringement requires claimed process identical to the standard
Published: 12/2/15
The First Instance Court of Paris has held* that when asserting alleged Standard Essential Patents (“SEPs”), a patent holder first has to show that the process claimed in the asserted patent is identical to the process disclosed in the underlying standard.
Vringo Infrastructure Inc. (“Vringo”) purchased roughly 500 patents declared by their initial owner as essential with the ETSI for implementing the UMTS (3g) standards. Vringo and ZTE exchanged letters on some of the alleged SEPs, […]
The Risks Of Applying FRAND Calculations To Non-SEPs
Published: 12/2/15
Publication: Law60
There has been recent discussion about the possibility of applying the fair, reasonable and nondiscriminatory[1] royalty rates awarded by the courts for standard-essential patents to patents that are not essential to practicing a standard. For patent owners, this would transform the U.S. patent system from a winner-takes-most to a winner-takes-little system by substantially decreasing the damages available for the small percentage of patents that are […]
German court awards injunction to NPE in first post-Huawei v ZTE standard essential patent decision
Published: 11/12/15
Publication: IAM
A press release sent out this afternoon by German law firm Arnold Ruess reveals that its client Sisvel, the Italian patent licensing business, has secured a significant victory in the German courts. In the country’s first decision relating to FRAND and standards essential patents (SEPs) since the European Court of Justice’s judgment in the Huawei v ZTE case, Sisvel has been granted injunctions after the Düsseldorf Regional Court found that its patents had been infringed […]
Dolby sues Oppo, Vivo over patent infringement, companies to deposit Rs 34 per smartphone to Delhi High Court
Published: 11/11/16
Publication: BGR
“Dolby has dragged two Chinese mobile phone players, Vivo and OPPO, in India to the court over alleged licensing violations. The two companies have been directed by the Delhi High Court to deposit royalty on per unit manufactured, sold and imported in India in an escrow account while they negotiate the terms of licensing. Vivo and OPPO have also agreed to negotiate Fair, Reasonable and Non-discriminatory (FRAND) terms with Dolby. The litigation implies that two smartphone companies […]