Topic: FRAND

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

Featured in SEP/FRAND Hub 2022/2023

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

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

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

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

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

How Sisvel v Haier transformed the German FRAND landscape

Featured in SEP/FRAND Hub 2022/2023

Nearly three years after the German Federal Court of Justice’s landmark decisions, the impact is still being felt across the SEP ecosystem – by patent holders and implementers alike.

07 February 2023

Conflicting interests: refusing NDAs in FRAND negotiations

Featured in SEP/FRAND Hub 2022/2023

Düsseldorf courts provide clarity on the consequences of failing to agree on an NDA. While it is generally incumbent on implementers to negotiate and conclude an NDA with the SEP holder, refusal to enter into one does not necessarily make the implementer a non-willing licensee.

12 January 2023

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