Seeking Injunctions for Standard Essential Patents in China
Published: 3/3/16
Publication: Lexology
With the rapid development and dissemination of technology in the modern world, disputes involving standard essential patents (“SEP”) and patents subject to reasonable and non-discriminatory licensing (“FRAND”) are becoming increasingly prevalent. The interplay and interconnected nature of modern technology poses unique challenges in the balancing of intellectual property rights with the public interest and continued innovation. The availability and applicability of injunctive relief are particularly important questions at this intersection of conflicting interests. Different countries […]
Vringo v ZTE: yet more guidance on FRAND licensing terms, and a global settlement, which speaks volumes about current TMT patent valuations
Published: 3/3/16
Publication: Lexology
We commented in our last quarterly briefing on the phenomenon of patent privateering in the TMT sector, in the context of a dispute between Unwired Plant and Huawei and others (see here). The long-running global dispute between Vringo and ZTE is another example of patent privateering. Vringo Infrastructure, Inc. (“Vringo”) is the owner of a global patent portfolio of standards-essential patents (“SEP”) relating to wireless communications infrastructure, which it acquired from Nokia […]
DIPP invites comments on SEPs and their availability on FRAND terms
Published: 3/2/16
Publication: Spicy IP
The Department of Industrial Policy & Promotion (DIPP) has published a paper on “Standard Essential Patents, and their availability on FRAND terms”. The paper can be accessed here. The last date to respond to it March 31, 2016.
Objective: The Department of Industrial Policy and Promotion has prepared ―Discussion paper on Standard Essential Patents and their availability on FRAND terms, with the objective of inviting views and suggestions […]
Judge Gilstrap permits damages expert testimony that litigated FRAND royalty should be higher than comparable license’s FRAND royalty that was skewed low by litigation risk discount (St Lawrence v. ZTE)
Published: 3/1/17
Publication: Essential Patent Blog
“Judge Gilstrap recently ruled that certain challenges to a damages expert’s testimony went toward the weight a jury could give that testimony, rather than whether the testimony should be admitted. Specific FRAND-related portions of the testimony that he would admit at trial include the following: ” — [READ MORE]
Judge Payne rules patent owner may bring case seeking a declaration that it has not breached FRAND commitments (Huawei v. T-Mobile)
Published: 3/1/17
Publication: Essential Patent Blog
“Magistrate Judge Payne recently ruled against prospective licensee T-Mobile’s motion to dismiss patent owner Huawei’s Declaratory Judgment Complaint that seeks a declaration that Huawei complied with its FRAND commitments to ETSI regarding LTE standard-essential patents during Huawei’s license negotiations with T-Mobile. Judge Payne did not rule whether or not Huawei had complied with its licensing negotiations; rather, he simply indicated that there was sufficient controversy between the parties and concern that T-Mobile might bring a […]
SEP License Fees Are Getting Out of Hand, Officials Say
Published: 3/1/15
Publication: Law360
“Law360, New York (March 13, 2015, 8:26 PM ET) — Standard-essential patent holders should license their patents at realistic rates, federal officials said at a conference Friday, explaining that many IP owners base their rates on the profit a licensee’s product reaps, rather than on the patented invention’s value…”