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This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more
This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more
This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more
In a noteworthy year for patent law, the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit issued several decisions that will shape the patent landscape and the Federal Rules of Evidence governing...more
More and more, when negotiating licenses for standard essential patents (SEPs) on fair, reasonable, and non-disciminatory (FRAND) terms, there has been an increased emphasis on the idea of a “willing" licensor or licensee....more
III. Principles and Methods Adopted by Chinese Courts for Calculating SEP Royalties in Lawsuits in the Field of Communications - 1. Regarding Justiciability of SEP License Disputes in China - Interpretation of the Supreme...more
Precedential opinions: 3 Non-precedential opinions: 4 Rule 36: 1 Longest pending case from argument: Lanclos v. United States, No. 21-1750 (219 days)... ...more
The U.S. Court of Appeals for the Fifth Circuit recently held in Continental Automotive Systems Inc. v. Avanci LLC that Continental lacked Article III standing to pursue antitrust claims. Continental alleged that the...more
Disputes as to the licensing of standard-essential patents (SEP) and determination of fair, reasonable and non-discriminatory (FRAND) terms are typically resolved through either negotiation or litigation in national courts....more
The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more
The US Court of Appeals for the Fifth Circuit affirmed a jury verdict finding that a standard essential patent (SEP) owner did not breach its commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND)...more
KOREA WEBINAR SERIES 2021 - In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot...more
One of the most hotly debated topics in the German patent community in recent years has been if, and to what extent, the legislature should limit the availability of injunctive relief. To date, it has been the invariable...more
Key Points - This settlement resolves multiple German lawsuits Nokia filed against Daimler asserting SEPs and Daimler’s complaint against Nokia before the European Commission. - Daimler argued Nokia’s licensing...more
There is something about standard essential patents that encourages subterfuge by implementers. Typically, SEP net licensees like to complain that SEP owners violate FRAND by hiding comparable licenses behind NDAs – when in...more
Patent litigation, the Sport of Kings, does not come cheap, especially when the litigation transmogrifies into a multi-jurisdictional slugfest. When managing a global patent fight, it is important to keep the big picture in...more
The licensing of standard essential patents is a global issue which requires an understanding of the different jurisdictions in play. In this session, participants will gain an understanding of decisions in Unwired Planet v....more
A party to a dispute making a conscious decision whether to litigate or arbitrate does not occur as often as some might think. The decision is often made by the circumstances. If a dispute arises regarding a license or other...more
On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of: 1. Whether the...more
A patent holder that prevails in a patent infringement suit is entitled to either lost profits or a reasonable royalty. A reasonable royalty calculation often implicates the infringing product's revenues (the "royalty...more
A Chinese Court recently decided that it has the willingness, and jurisdiction, to set a global licensing rate that is fair, reasonable, and non-discriminatory (“FRAND”) for standard essential patents (“SEP”). In a dispute...more
Earlier this month the U.S. Department of Justice issued an updated Business Review Letter (BRL) for the IEEE patent policy. The new letter offers an important clarification on how antitrust analysis of standards...more
Germany’s highest court has clearly and emphatically placed SEP implementers on notice that hold-out will not be tolerated, and that implementers must proactively share the burden and obligation to timely achieve a FRAND...more
As I have documented elsewhere, Apple, for quite a long time has been engaged in a sophisticated long-term quest to devalue (p7) standard essential patents (“Essential Patents”). This strategy is aimed at reducing, if not...more
Overview on the F/RAND licensing and the internet of things...more