Topic: Standard essential patents

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

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

Featured in SEP/FRAND Hub 2022/2023

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

Featured in SEP/FRAND Hub 2023/2024

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

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

Featured in SEP/FRAND Hub 2022/2023

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

Featured in SEP/FRAND Hub 2023/2024

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

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

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

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