The High Court of Justice has expedited the FRAND trial in proceedings brought by Panasonic against Xiaomi and Oppo. In this case, the judge directed that the FRAND trial will come first and will occur in just under a year. Despite Panasonic’s objection, the judge deemed that there would be enough time to prepare for the trial.
Given the importance of SMEs and small businesses to the United Kingdom’s aspirations in sectors such as the IoT and smart energy, the concerns indicated in a recent UKIPO survey should be heard and taken on board.
With a large middle-class population, a pro-market government and a sizeable domestic market, Brazil already owns one of the largest markets worldwide and is becoming increasingly relevant in global patent disputes.
With SEPs being at the centre of the path-breaking technological developments in the telecoms sector, courts across the world have been faced with issues relating to their enforcement. India, having the world’s second largest telecommunication network, is no stranger to this problem and has been dealing with SEP-related disputes for over a decade.
27 October 2023
Although in China it is considered that each SEP individually constitutes a relevant market, it cannot be directly concluded that the SEP holder has a dominant market position. Whether the SEP holder has a dominant market position should be comprehensively investigated with reference to other factors.
27 October 2023
German courts provide a favourable forum for patentees because of the quasi-automatic availability of injunctions and the bifurcation of patent litigation. However, while German courts have, in principle, the power to decide exactly what terms qualify as FRAND, so far they have avoided doing so.
27 October 2023
27 October 2023
The lack of any statement from any governmental agencies during 2023 concerning SEP/FRAND policy indicates a more neutral stance by the government in which SEP issues must be governed on a case-by-case basis under controlling law. If there is a change in administration as a result of the 2024 election, US SEP holders will want to closely monitor any changes in SEP policy and their implications.
27 October 2023
A deep dive into the evolution and current status of China’s conditional decisions in the light of the 2022 overhaul of the Anti-Monopoly Law, explores some of the unique characteristics of the State Administration for Market Regulation’s review and remedy process.
25 October 2023
Qualcomm has failed in its bid to stop certification of a Canadian standalone class action claim alleging it charged “supracompetitive prices” to phone makers.
02 October 2023
The DOJ and FTC are discouraging injunctions and other exclusionary remedies favoured by standard essential patent holders as part of a significant shift in antitrust enforcement from the Trump to Biden administration.
25 August 2023
Both the PREVAIL Act and Patent Eligibility Restoration Act seek to enhance participation in the patent system. However, expanded eligibility and a weaker PTAB will undoubtably raise concerns from both SEP holders and implementers, and it remains to be seen whether these approaches will ultimately benefit or harm the larger market.
24 August 2023
Both the PREVAIL Act and Patent Eligibility Restoration Act seek to enhance participation in the patent system. However, expanded eligibility and a weaker PTAB will undoubtedly raise concerns from both SEP holders and implementers, and it remains to be seen whether these approaches will ultimately benefit or harm the larger market.
24 August 2023
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