News2017-05-23T01:59:38+00:00
16thFeb,05

April 2016: EU Litigation Update

Published: 5/2/16

Publication: Lexology

In its Huawei v. ZTE decision of July 16, 2015, the European Court of Justice (ECJ) set out a new framework under which the owner of a standard essential patent (SEP) can seek injunctive relief against an infringer without abusing a dominant position under Art. 102 TFEU. To balance the parties’ interests, the ECJ established a six-step approach… [READ MORE]

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17thDec,04

Commission Roadmap: No Directive on SEPs (for now)

Published: 4/12/17

Publication: IPKat

“It has been a busy couple of weeks for standard essential patents (SEPs).  Last week, we had the Unwired Planet v Huawei decision on FRAND (see post by the Amerikat here), and now we have the European Commission’s roadmap on SEPs.  With thanks to Katfriend Colm Ahern (Elzaburu, Madrid) who brings us up to date on the Commission’s publication. 

“The European Commission has just published its roadmap “Standard Essential Patents for a European digitalised economy“, which is an […]

17thDec,04

Unwired Planet v Huawei – essentially fair?

Published: 4/12/17

Publication: Lexology

“The lengthy, long-awaited judgment in Unwired Planet v Huawei Technologies provides guidance on the determination of fair, reasonable and non-discriminatory (FRAND) royalty rates for standard-essential patents on a worldwide basis. This report sets out a summary of the key conclusions.” — […]

17thDec,04

Unwired Planet v Huawei: What are FRAND licence terms for Standard Essential Patents?

Published: 4/12/17

Publication: Lexology

“In this long awaited decision (Unwired Planet v Huawei 2017 EWHC 711 (Pat)), the question of what is a “Fair, Reasonable and Non-Discriminatory” (FRAND) licence to work a Standards Essential Patent (SEP) has been addressed for the first time by a judge in Europe. The English High Court held that it had jurisdiction to determine and enforce the FRAND undertaking in question and, significantly, the Court held that there is only one set of licence terms […]