Topic: FRAND

How IoT manufacturers can use lessons from the SEP space

Featured in SEP/FRAND Hub 2023/2024

Software patents continue to face patentability challenges following the US Supreme Court’s Alice decision, and IoT manufacturers could be exposed to patent risk – especially where licensing is involved. Key lessons can be learned from the SEP ecosystem to help guide open-source implementers that might confront problematic patent assertions.

06 December 2023

UK court fast-tracks FRAND determination of Panasonic’s 4G portfolio

Featured in SEP/FRAND Hub 2023/2024

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.

24 November 2023

UKIPO survey suggests SME concerns with SEP licensing landscape

Featured in SEP/FRAND Hub 2022/2023

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.

07 November 2023

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

Featured in SEP/FRAND Hub 2023/2024

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.

27 October 2023

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

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