FRAND/SEPs

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India: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub 2023/2024

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

China: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub 2023/2024

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

Germany: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub 2023/2024

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

United Kingdom: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub 2023/2024

27 October 2023

United States: SEPs and FRAND – litigation, policy and latest developments

Featured in SEP/FRAND Hub 2023/2024

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

China: Recent Remedy Cases Showcase Impact of Amended Anti-Monopoly Law

Featured in Merger Remedies Guide - Fifth Edition

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

Canadian court certifies Qualcomm class action

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

Biden administration and US antitrust agencies balance IP protection with competition concerns

Featured in Americas Antitrust Review 2024

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

Legislative reforms to overhaul ‘unfavourable’ patent landscape – for better or worse

Featured in SEP/FRAND Hub 2022/2023

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

Legislative reforms to overhaul ‘unfavourable’ patent landscape – for better or worse

Featured in SEP/FRAND Hub 2023/2024

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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