Topic
Standard Essential Patents
442 published works
The “Big Thoughts/Quick Reads” Antitrust Blog
FRAND and Efficient Infringement
For more than a decade, public policymakers, competition agencies, courts, and government authorities around the world have been developing an increasingly detailed set of rules governing and defining fair, reasonable,…
Essential Patent Blog
DOJ issues business review letter on Avanci SEP Pool licensing
By David Long
Last week, on July 28, the U.S. Department of Justice (DOJ) Antitrust Division issued a press release and business review letter (BRL) based on Avanci's request for a BRL on…
Essential Patent Blog
Germany’s highest court tentatively rules that infringer hold-out violated its obligations to negotiate a FRAND license (Sisvel v. Haier)
By David Long
On May 5, 2020, Germany’s highest court, the Federal Court of Justice (GFCJ), made a provisional (tentative) ruling at the hearing in Sisvel’s SEP case against Haier, determining that Sisvel…
IP Update
Landmark Decision in German FRAND Case
By Dr. Henrik Holzapfel, Chris Dölling
On May 5, 2020, an oral hearing in Germany’s most recent landmark case on standard-essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing (Sisvel v. Haier, docket no. KZR…
Intellectual Property Law Blog
Breach of FRAND Implications on ITC Exclusion Orders In View of the Public’s Interest
Imagine a scenario where the International Trade Commission (ITC) finds a respondent infringes a standard essential patent (SEP). An SEP that was included in a standard based on a voluntary…
Cleary Antitrust Watch
FCJ Rules on FRAND Defense
On May 5, 2020, the Federal Court of Justice (“FCJ”)[1] granted Sisvel International S.A (“Sisvel”) an injunction against the Chinese mobile phone manufacturer Haier Group Corporation (“Haier”) to stop infringing one of Sisvel’s…
Essential Patent Blog
InterDigital pens SEP license agreement with Huawei as Lenovo Dispute escalates
By David Long
Yesterday, InterDigital announced that it signed “a multi-year, worldwide, non-exclusive, royalty bearing patent license agreement” with Huawei, bringing an end to the companies’ SEP litigation in China and the U.K. over FRAND terms for…
Essential Patent Blog
ITC avoids SEP FRAND issues by finding patents not infringed (Netlist v. Hynix, 337-TA-1089)
By David Long
On April 7, 2020, the U.S. International Trade Commission issued its Notice of Opinion in Investigation No. 337-TA-1089, essentially reversing Chief Administrative Law Judge (“ALJ”) Bullock’s Initial Determination and declining to issue remedial orders blocking…
Essential Patent Blog
Lenovo, Motorola file antitrust claims against InterDigital’s standards setting participation and patent licensing practice (Lenovo v. InterDigital)
By David Long
On April 9, 2020, Lenovo and Motorola Mobility filed a Complaint against InterDigital in the District of Delaware alleging InterDigital violated U.S. antitrust law and contractual FRAND commitments by its standard setting participation and licensing practices related to 3G and…
Essential Patent Blog
Judge Selna will hold jury trial on all SEP issues on remand (TCL v. Ericsson)
By David Long
On April 3, 2020, Judge Selna issued an Order in the TCL v. Ericsson case upon remand from the Federal Circuit, teeing the matter up for a jury trial on all liability…