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Proposed EC SEP regulation could be a big shake up for German courts

Featured in SEP/FRAND Hub 2023/2024

The European Commission’s recent proposal aims to increase transparency and predictability in SEP licensing by introducing a central SEP register, extrajudicial review of a patent’s essentiality and a FRAND determination procedure. For German courts, this would most likely involve overhauling the current practice.

01 June 2023

Breton takes aim at “bad faith” patent licensors as final SEP policy proposal released

The European Commission’s proposed standard essential patent regulation aims to “bust de facto monopolies” and prevent licensors from “abusing judicial systems” to maintain their dominance, Thierry Breton has said.

28 April 2023

Korean Supreme Court upholds record Qualcomm fine

Korea’s top court has confirmed a €713.7 million abuse of dominance fine imposed on Qualcomm for violating a commitment to license its standard essential patents on fair, reasonable and non-discriminatory terms.

13 April 2023

Interdigital and UKIPO consultation highlight that UK is still key

Featured in SEP/FRAND Hub 2022/2023

Two very different developments – the High Court’s decision in Interdigital v Lenovo and a targeted request for feedback – make clear that the United Kingdom is still a crucial jurisdiction for those on both sides of the SEP debate.

11 April 2023

New Zealand opens door for antitrust IP enforcement following removal of exemptions

New Zealand’s Commerce Commission has issued new guidelines clarifying how it will enforce against conduct involving intellectual property rights after IP-related exemptions were taken out of the country’s antitrust rulebook.

06 April 2023

Why evidence remains king when it comes to pricing SEPs

Featured in SEP/FRAND Hub 2022/2023

A thorough analysis of US courts’ applications of both the top-down and bottom-up frameworks highlights the strengths and weaknesses of the two approaches and what they mean for both licensors and licensees.

28 March 2023

Ericsson and Nokia v Oppo signal that non-discriminatory terms are key concern for Indian courts

Featured in SEP/FRAND Hub 2022/2023

Recent case law, along with the trend for out-of-court settlements between SEP holders and mobile manufacturers, highlights that the non-discriminatory part of ‘FRAND’ is being treated as a priority right now.

24 March 2023

Investors granted class status in Qualcomm securities litigation

A federal judge in San Diego has certified a class of investors who allege they were harmed by Qualcomm's misleading statements about the bundling of its licenses and modem chips.

23 March 2023

Three key takeaways from how the new disproportionality defence is affecting SEP infringement cases

Featured in SEP/FRAND Hub 2022/2023

The Munich Regional Court has clarified its stance on the hot topic in German patent litigation, ruling on the new defence in three parallel SEP cases, providing welcome clarity for future litigation strategies.

22 March 2023

The ‘FRAND dance’: what it is and why it is causing uncertainty in Germany

Featured in SEP/FRAND Hub 2022/2023

The lack of detailed guidance for FRAND negotiations in the Federal Court of Justice’s Sisvel v Haier judgments is still causing problems today. German lower courts are being forced to fill in the gaps, which is resulting in diverging case law among the main courts.

14 February 2023

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