Topic
Standard Essential Patents
442 published works
Essential Patent Blog
Judge Gilstrap rejects patent misuse defense to alleged FRAND-committed SEPs (St. Lawrence v. Motorola Mobility)
By David Long
Judge Gilstrap recently issued an Order rejecting the equitable defense of patent misuse in a case involving standard essential patents (SEPs) subject to a commitment to license them on fair, reasonable…
Essential Patent Blog
Webinar: What does U.S. case law tell us about standard essential patent licensing
By David Long
This Wednesday, March 21, from 4pm to 5pm Eastern Time, our own David W. Long will present a free one-hour webinar hosted by the Licensing Executives Society (LES) entitled "What…
Essential Patent Blog
ITC rules that Fujifilm’s patents were not essential to the LTO-7 Standard (337-TA-1012 Fujifilm v. Sony)
By David Long
Today, the U.S. International Trade Commission (ITC) issued a Notice of Commission Final Determination following its review of Administrative Law Judge (ALJ) Shaw's September 2017 rulings concerning, among other things,…
Essential Patent Blog
Magistrate Judge Fallon recommends dismissing competition claims against SEP holder (Godo Kaisha IP Bridge v. TCL et al)
By David Long
Magistrate Judge Fallon recently Recommended Dismissing competition law counterclaims brought by TCT Mobile (TCT) against Godo Kaisha IP Bridge 1 (IP Bridge) and Panasonic and Judge Bataillon has now Adopted that ruling. …
Essential Patent Blog
U.S. DOJ Antitrust Head Makan Delrahim brings his message of balanced SEP competition law enforcement to Europe
By David Long
Yesterday, the U.S. Department of Justice (DOJ) Assistant Attorney General (AAG) for the Antitrust Division Makan Delrahim spoke in Brussels about maintaining a close working relationship and coordination with European Union's…
Essential Patent Blog
Judge Selna will make minor changes to FRAND ruling (TCL v. Ericsson)
By David Long
Today, Judge Selna issued on Order ruling on Ericsson's motion to alter or amend his FRAND ruling. (See our Jan. 3, 2018 post summarizing FRAND royalty ruling). Under the procedural…
Essential Patent Blog
Federal Circuit confirms flexibility in determining royalty base (Exmark v. Briggs & Stratton)
By David Long
The Federal Circuit's recent Exmark v. Briggs-Stratton decision further confirms that there is no categorical rule about selecting a royalty base when litigating a reasonable royalty in order to apportion value…
Antitrust, Competition and Trade
The EU Commission Communication on SEPs: a workable resolution to patent wars in the EU, or more competition litigation battles ahead?
By Kevin Coates, Siobhan L.M. Kahmann
The European Commission published its highly anticipated Communication Setting out the EU approach to Standard Essential Patents at the end of 2017, as part of a package to protect Europe’s…
The IP Law Blog
U.S. District Court for the Central District of California Makes Rare FRAND Royalty Rate Determination
The U.S. District Court for the Central District of California recently issued its opinion in TCL Communications v. Ericsson (SACV 14-341 JVS(DFMx) and CV 15-2370 JVS (DFMx)) on standard-essential patents…
Essential Patent Blog
Judge Selna determines FRAND Rate and enters contract-type injunction on ETSI SEPs (TCL v. Ericsson)
By David Long
Judge James V. Selna of the Central District of California ("C.D. Cal.") recently released the redacted, 115-page public version of his Memo of Facts and Law with his FRAND determination in…