IP Watchdog

APRIL 21, 2023

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). In its current form, the new regulatory framework would encourage increased transparency in SEP licensing through several new policies and procedures.

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LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

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IP Watchdog

SEPTEMBER 6, 2021

Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results. Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

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IP Watchdog

APRIL 23, 2023

The European Union is reportedly considering sweeping new regulations for the licensing and litigation of standard essential patents (SEPs), which make fair-minded observers wonder whether any sane adults are in charge at the European Commission (EC).

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IP Watchdog

DECEMBER 21, 2023

With respect to patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2023 saw many interesting developments.

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The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

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IP Watchdog

DECEMBER 20, 2022

While 2022 was somewhat less eventful than 2021 in terms of significant developments in fair/reasonable and non-discriminatory (FRAND/RAND) licensing occurring in the United States, the past year still did not disappoint and underscores the continued and growing interest from government in the standards related patents space.

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IP Watchdog

FEBRUARY 9, 2022

The appellate court for a second time ordered the district court “to make particularized determinations as to whether the third-party licensing information sought to be sealed should be made public.”.

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IP Watchdog

SEPTEMBER 21, 2023

While the result is reasonable, the explanations provided by the court raise several questions.

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IP Watchdog

JANUARY 3, 2024

entered into a settlement and license agreement in 2014, following years of patent litigation over their competing glucose monitoring system patents. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential ruling that affirmed a district court’s denial of preliminary injunction to DexCom, Inc.,

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IP Watchdog

NOVEMBER 6, 2022

and Uniloc 2017 all lacked standing to sue Motorola and Blackboard for patent infringement because it was collaterally estopped by a previous decision in its case with Apple. Court of Appeal for the Federal Circuit (CAFC) affirmed a district court decision that Uniloc USA, Inc., Uniloc Luxembourg, S.A.

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Patently-O

JULY 7, 2022

While the reissued opinion continues to uphold the district court’s dismissal of the suit, it also eliminates the entirety of the Circuit’s earlier dicta concerning the nature of FRAND commitments and Article III standing, dicta that was heavily criticized by amici curiae. Avanci’s licensing rate for automotive 4G SEPs is $15 per vehicle.

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IP Watchdog

DECEMBER 9, 2022

International Trade Commission; Ericsson and Apple Settle all patent litigation; the U.S.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 4, 2021

Fish attorneys John Dragseth and Nitika Gupta Fiorella authored a Law360 Expert Analysis article discussing the post-grant appeals that drove a lot of the legal activity at the Federal Circuit this past year despite the pandemic and what the notable developments in 2020 may mean for 2021. For example, in Papst Licensing GmbH v.

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Intellectual Property Law Blog

APRIL 5, 2021

This article originally appeared in The Intellectual Property Strategist. Companies have historically turned to patent pools as vehicles for achieving shared objectives. A patent pool can be formed when a group of patent holders agree to pool their patents for some purpose. License on Transfer (LOT) Network.

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IP Watchdog

FEBRUARY 13, 2023

s patent on an isolated form of vitamin B3 are directed to unpatentable subject matter under Section 101. ChromaDex sells dietary supplements embodying the patent, which it licenses from Dartmouth College, and sued Elysium for patent infringement in 2018. Judge Prost authored the opinion.

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Patently-O

FEBRUARY 24, 2022

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents.

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IP Watchdog

JANUARY 12, 2022

In Part I of this series of articles, we provided an overview of the 2013 and 2019 policy statements that preceded the 2021 Draft Policy Statement.

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IP Watchdog

MAY 11, 2022

Four scholars with the International Center for Law & Economics (ICLE) have sent comments to the European Commission urging against any changes to the EU’s legal framework for licensing of standard-essential patents (SEPs) that would limit SEP holders’ ability to seek injunctions against alleged infringers.

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IP Watchdog

FEBRUARY 4, 2024

A recent decision out of the Eastern District of Texas sheds further light on Judge Rodney Gilstrap’s interpretation of a patent owner’s commitment to the European Telecommunications Standards Institute (ETSI) pursuant to ETSI’s Intellectual Property Rights Information Statement and Licensing Declaration (“the ETSI Licensing Declaration”).

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IP Watchdog

MAY 8, 2024

Additionally, the jury found G+ had not “breached its [fair, reasonable and non-discriminatory] FRAND obligation by failing to offer a license to the Asserted Patents to Samsung that was fair, reasonable, and non-discriminatory, and by failing to act in good faith regarding negotiations with Samsung as to a FRAND license covering the Asserted Patents.” (..)

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IP Watchdog

AUGUST 31, 2021

The case stems from HTC’s refusal of a 2016 licensing deal in which Ericsson proposed a rate of $2.50 per 4G device to license its standard essential patents for mobile devices. per device in 2017, which was based on the “smallest salable patent-practicing unit.” Although HTC had previously paid Ericsson about $2.50

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

Principal Adam Shartzer and Associate Josh Carrigan authored Expert Analysis for Law360 examining a fee-shifting statute for patent cases that allows prevailing parties to recover their reasonable attorney fees in exceptional patent infringement cases. Read the full article at Law360. The results might surprise some.

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IP Watchdog

DECEMBER 3, 2021

There were 17,623 new declared patent families in 2020, compared to 6,457 in 2015 (see Figure 1). The 5G standard alone counts over 150,000 declared patents since 2015. Similarly, litigation around SEPs has increased.

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IPilogue

APRIL 22, 2022

This article delves into the legal doctrines that support the parties’ claims and the overarching strategy to their settlement. Pursuing protracted lawsuits in Canada , Australia and elsewhere could exponentially increase litigation costs if the matter were left to courts. The two companies have agreed to settle with Gilead paying $1.25

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IP Watchdog

JANUARY 10, 2024

Notwithstanding this transcendental precedent, Judge Rodney Gilstrap recently declined to extend such a notion to patents subject to Fair, Reasonable and Non-Discriminatory (FRAND) licensing related obligations.

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IP Watchdog

FEBRUARY 4, 2022

On appeal, the CAFC held that CNC’s version of the agreement more accurately reflected the understanding between the two parties regarding a settlement over Plasmacam’s claim that CNC infringed U.S. 7,071,441 (‘441 patent), for which Plasmacam has an exclusive license.

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IP Watchdog

OCTOBER 27, 2022

The England and Wales Court of Appeal this morning said that Optis Cellular Technology is entitled to an injunction before a lower court has set fair, reasonable and non-discriminatory (FRAND) terms for a license to Optis’ standard essential patents (SEPs) if Apple refuses to take a court-determined FRAND license.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. Ashley received her J.D.

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IP Watchdog

NOVEMBER 30, 2022

In the letter, the DOJ said that Avanci’s licensing platform, which plans to license patent claims declared essential to implement 5G in cars, did not harm competition in the industry. The Avanci business review letter was published by the Antitrust Division of the U.S. Department of Justice on July 28, 2020.

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IP Watchdog

APRIL 12, 2022

Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Niazi Licensing Corp. in which the court affirmed most of a ruling from the District of Minnesota, including sanctions against Niazi for improper use of expert testimony, as well as a finding of no induced infringement by St. On April 11, the U.S.

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IP Watchdog

NOVEMBER 9, 2021

tandard Setting Organizations (SSOs) exist as a mechanism for industry innovators to work together to collectively identify and select the best and most promising innovations that will become the foundation for the entire industry to build upon for years to come.

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IP Watchdog

MAY 29, 2023

The European Commission (EC) is at it again, threatening to regulate standard essential patent (SEP) licensing relationships, despite a lack of evidence that such regulation is appropriate.

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IP Watchdog

JUNE 27, 2023

million for a global FRAND (fair, reasonable and non-discriminatory) license covering sales of cellular devices from 2007 to December 31, 2023. In March, the Hon. Mr Justice Mellor issued a judgment ordering Lenovo to pay InterDigital a lump sum of $138.7

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IP Watchdog

MAY 16, 2022

filed suit against Chinese television manufacturer, TCL, through several of its affiliates and related entities, in the Eastern District of Texas for patent infringement. The patents relate to display hardware, wireless transmission technology, and user interface controls. On April 21, 2022, LG Electronics Inc.

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IP Watchdog

JANUARY 18, 2022

In Part II of this series, we considered the language of a specific licensing commitment made to European Telecommunications Standards Institute (ETSI) and the prevailing law relating thereto.

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IP Watchdog

JULY 5, 2023

million plus interest for a worldwide FRAND license to Optis’s portfolio of 4G standard essential patents (SEPs). A UK judge in May determined in a non-public judgment that has been widely reported on that Apple should pay Optis a total of $56.43

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