Topic: Standard essential patents

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

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

Availability of preliminary injunctions makes Brazil an attractive litigation venue for SEP owners

Featured in SEP/FRAND Hub

Brazil has become a prominent venue for SEP litigation, mainly due to the early remedies that courts provide,  particularly in Rio de Janeiro. As a result, there is an increasing number of declaratory judgment suits being filed by implementers aiming to secure other venues. However, this tactic is not deterring patent assertion.

09 August 2023

SEP dominance may rely on downstream dependence, SAMR says

China’s competition watchdog has published draft guidelines on its approach to antitrust issues around standard essential patents, warning it will enforce against illegal refusals to licence and tying practices from dominant SEP holders.

03 July 2023

What the proposed EC SEP regulation might mean for US litigation

Featured in SEP/FRAND Hub

The European Commission’s SEP proposal would transform the global SEP landscape, with uncertainty and near-term risk potentially pushing SEP holders towards US suits. If the regulation proceeds, future US litigation may well involve disputes over whether a non-binding expert opinion on aggregate royalty may be presented to a US jury.

08 June 2023

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

Featured in SEP/FRAND Hub

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

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

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