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)
Not exact matches
Before a
patented technology is included
in an
essential standard, the owner must agree to license it on «fair, reasonable and non-discriminatory» terms.
Nokia said it signed a cross-license agreement with RIM covering
standards -
essential cellular
patents in 2003, a deal that was amended
in 2008.
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.
The company later filed two lawsuits against Qualcomm
in China, alleging its supplier abused its market position and failed to license
standard essential patents on fair terms.
Last week the
Patents Court, a division of the English High Court, handed down another important decision
in the continuing development of the law relating to
Standard Essential Patents (SEPs) and FRAND.
TCL v. Ericsson: Representing TCL
in a breach of contract action based on FRAND obligations relating to Ericsson's
standard essential patents.
Advising a number of major manufacturers
in the telecoms industry (eg Ericsson, Lenovo, Sony Mobile or NTT Docomo) on
patent litigation,
in particular relating to
standard -
essential patents.
Formally, only the iPhone 4 and iPad 2 are affected, but
in practical terms, Apple now knows that (unless the appeals court reverses this ruling) Samsung may be able to quickly seek injunctions against newer Apple products over
standard -
essential patents.
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.
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.
The article focuses on the recent development of connected technologies
in the automotive industry, such as cellular, WiFi, and the tens of thousands of purportedly «
standard essential»
patents that allegedly cover them.
The article focuses on the recent development of connected technologies
in the automotive industry, such as cellular, WiFi, and the tens of thousands of purportedly «
standard essential»
patents...
The United States International Trade Commission just gave notice that it will review
in part — actually,
in many parts — a preliminary ruling that held Apple to infringe a wireless
standard -
essential patent (SEP) held by Google subsidiary Motorola Mobility.
The BSA and the four professors argue that Judge Posner's ruling is perfectly consistent with eBay and explain why injunctions over FRAND - pledged
standard -
essential patents (SEPs)
in most cases must be denied as such requests fail to satisfy the eBay criteria.
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 TFEU
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 TFEU
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 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.
On the one hand,
Standard Setting Organizations (SSOs) have been exploring changes to their licensing policies,
in particular
in relation to the commercial implications of FRAND pledges given by holder of
Standard Essential Patents («SEPs»).
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.
In this space the
patents are not
standard essential — the owner has no obligation to license them and can pursue injunctions against any rival that it suspects of infringement without any restrictions.
Design
patent remedies, injunctive relief, partial summary judgment over invalidated
patents, the royalty base (a context
in which I hope Apple will defeat Ericsson because it will discourage outsized royalty claims over
standard -
essential patents), and possibly some procedural issues concerning the interplay of infringement cases and FRAND contract cases
in different venues.
The lawyers
in Baker Botts» Antitrust Practice have substantial experience
in representing clients
in investigations and litigation related to the intersection between intellectual property and antitrust laws, including
Standard Essential Patents.
Advising and representing a global technology company
in a number of
patent litigations, including defending it against
standard -
essential patent assertions and against the largest ever damages claim brought
in patent infringement proceedings
in Germany.
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.
He regularly advises on multijurisdictional litigation strategies, particularly
in relation to the assertion of
standard -
essential patents.
A significant portion of his practice relates to complex cases that involve the interface of intellectual property and antitrust, especially
in relation to
standard essential patents and he has been involved
in a significant number of the leading cases
in that area.
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 patent
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 patent
in encouraging the European Commission's Directorate General for Competition to initiate several high - profile investigations relating to alleged abuse of
standard -
essential patents.
In the
standard -
essential patents context, Apple consistently advocates the «smallest saleable unit» approach.
Standard essential patents are patents that are typically identified by participants in an organization developing a new technical s
Standard essential patents are
patents that are typically identified by participants
in an organization developing a new technical
standardstandard.
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.
The exercise of intellectual property exclusionary rights
in connection with a
standard essential patent has been more fully debated
in the United States.
Some interesting scenarios discussed
in the Guidelines include
standard essential patents,
patent pooling and
patent assertion entities.
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
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.
Apple alleged
in its lawsuits that Qualcomm has been abusing it position
in the chip industry to charge higher royalties on
standard -
essential patents and force Apple into exclusive deals.