With respect to FRAND licensing, John works with automotive OEMs and suppliers to address licensing
standard essential patents for wireless communication technology.
Not exact matches
On Friday, Apple filed a lawsuit in a San Diego federal court alleging that Qualcomm is charging too much
for «
standard essential»
patents and is withholding nearly $ 1 billion in royalty cap «rebates» in retaliation
for Apple's cooperation with anti-trust investigators in the U.S., South Korea and elsewhere.
Motorola Mobility is set
for two upcoming trials over their
standard -
essential patents.
«Without formal standardisation and SEPs [
standard essential patents], there would be,
for example, no connected vehicles.»
The Huawei and ZTE Defendants would be able to say that any claim
for infringement of local
standards essential patents was non-justiciable locally, insofar as such a claim sought determination of a global FRAND licence.
In a subsequent post (probably the very next one) I'll also report on the
standard -
essential patent case that was discussed,
for a second time, on Friday.
There can be antitrust implications
for companies that try to use
standard -
essential patents to block competitors.
In high technology,
standards -
essential patents are key
for companies looking to generate revenue by licensing out IP.
So,
for instance, the slide and unlock mechanism in a smartphone is
patented but is not
essential for the operation of a smartphone
standard as other mechanisms
for unlocking the phone can and have been devised.
There is a distinction between
patents that are essential for the standard, Standard Essential Patents (SEPs), and those that can be by - passed without undermining the technology (non-essential pa
patents that are
essential for the standard, Standard Essential Patents (SEPs), and those that can be by - passed without undermining the technology (non-essential
essential for the
standard, Standard Essential Patents (SEPs), and those that can be by - passed without undermining the technology (non-essential p
standard,
Standard Essential Patents (SEPs), and those that can be by - passed without undermining the technology (non-essential p
Standard Essential Patents (SEPs), and those that can be by - passed without undermining the technology (non-essential
Essential Patents (SEPs), and those that can be by - passed without undermining the technology (non-essential pa
Patents (SEPs), and those that can be by - passed without undermining the technology (non-
essential essential patentspatents).
As a result of «
standard essential»
patent licensing and the complications associated with it, LeRoy recommends automakers and suppliers take a proactive approach, and develop a strategy
for negotiating with the relevant
patent holders.
The BSA says Judge Posner «correctly recognized that injunctions ordinarily are not an appropriate remedy
for infringement of a
standard -
essential patent when the patentee has made a [F] RAND commitment».
In Case C - 170 / 13 Huawei Technologies Co. Ltd v ZTE Corp & ZTE Deutschland GmbH, (Judgment of the 5th Chamber, CJEU, 16 July 2015) the CJEU was asked to rule
for the first time on whether seeking an injunction and other associated remedies by the owner of a
Standard Essential Patent (SEP) against a company in breach of the patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102
Patent (SEP) against a company in breach of the
patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102
patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102 TFEU).
In the case before Judge Posner, Motorola was seeking hundreds of millions of dollars
for a single cellular
standard -
essential patent; the initial royalty demand that gave rise to Judge Robart's case amounted to $ 4 billion annually and was later reduced to hundreds of millions.
Our win against LG included the first award of damages
for willfulness in a
standard -
essential patent case, which also included a sua sponte enhancement by the Court.
At this position he was responsible
for all aspects of the company's worldwide legal function including the management of legal staff, outside counsel, intellectual property, inbound and outbound open source programs, strategic partnerships, software licensing, anti-piracy initiatives, export compliance, on - line privacy, and relationships with licensors of
patents for patent -
essential industry
standards.
Acting
for Koninklijke Philips N.V. in action
for infringement of
standard essential patents in the mobile telecommunications industry (with Meredith Pickford QC)(2016 — ongoing)
Over the past 30 years, he has handled over 175
patent and other IP lawsuits including suits relating to
standard essential patents (SEPs) and worldwide FRAND license obligations in district courts throughout the US, before the International Trade Commission and on appeal to the US Court of Appeals
for the Federal Circuit.
In Europe, our lawyers have been instrumental in encouraging the European Commission's Directorate General
for Competition to initiate several high - profile investigations relating to alleged abuse of
standard -
essential patents.
«Other upcoming Section 337 investigations will provide a better opportunity
for the ITC or USTR to address the potential misuse of
standard essential patents at the ITC
For example, in 2013, the United States Trade Representative vetoed an International Trade Commission (ITC) decision blocking importation of certain iPhones based on a
standard essential patent.
Ben Ni of King & Wood Mallesons gives an overview of the guideline
for trial of
standard essential patent dispute cases, which incorporates rules established in cases worldwide
To make its case
for implementing new IEEE rules on how to pay
for standards patents, the letter points to the recent example of a
patent troll that has been brandishing a
standards essential patent to demand thousands of dollars per Wi - Fi chip from hotels and small businesses.
The outcome of the fight is significant since the new rules
for so - called «
standard essential patents» will affect what consumers ultimately pay
for everyday devices like phones and routers.
Last fall,
for instance, the company sued Microsoft
for patent infringement but a jury ordered Google to pay up
for fighting dirty with
standards -
essential FRAND
patents, which must be licensed on Fair, Reasonable And Non-Discriminatory terms.
The case, filed in the U.S. District Court
for the Northern District of California today, argues that Qualcomm used
standards -
essential patents it holds to demand elevated royalties and other license payments from phone manufacturers.
Update: Ericsson's statement to TechCrunch — Xiaomi were unfairly using their SEP i.e.
Standard Essential Patents, they tried communicating with Xiaomi
for the same
for more than 3 years and as a last resort asked
for an injunction from the Court.