FRAND

Case Law, EPO, Exceptions to patentability, France, FRAND, Injunction, Inventive step, IP Management, Litigation, Novelty, Patents, SEP

(Dhenne Avocats)/

In the first part of this interview (see here), I already mentioned some of the preconceived ideas about French Courts, which makes France almost systematically considered as one of the last territory to litigate: jurisdictions would be anti-patentee, slow, unable to order preliminary injunctions, even not “specialized”. The Cross-Examination Part I of Mrs. Nathalie Sabotier…

EPO, European Union, FRAND, SEP

(City, University of London) and (London School of Economics)/

In an earlier post we considered the general licensing and evaluation issues raised by a report issued in January 2021 by the EU Group of Experts on Standard Essential Patents (EU SEPs Expert Group). The present comment focuses on the transparency aspects highlighted by the Expert Group’s report. Transparency of Declarations In an ideal world…

European Union, FRAND, SEP

(City, University of London) and (London School of Economics)/ /2 Comments

The report issued in January 2021 by the EU Group of Experts on Licensing and Valuation of Standard Essential Patents (EU SEPs Expert Group) was long-anticipated and followed two years of debate and discussion within the group. The published document is very long and wide-ranging (229 pages). Given the scope of the report, it certainly…

(Cross-border) jurisdiction, FRAND, Litigation, SEP

(Dhenne Avocats)/

For the second time, I will have the pleasure and the Honor of welcoming Professor Anne-Catherine Chriariny. Professor Chiariny teaches Patent Law and International Private Law at the University of Montpellier. She is notably the author of a famous doctoral thesis on international patent litigation awarded by the Prix Pierre Véron and published in 2006…

Case Law, FRAND, India, SEP

(Anand and Anand)/

Can natural justice outweigh statute, contractual confidentiality obligations and industry practice? Recently, the High Court of Delhi passed a decision in the heated FRAND dispute between InterDigital and Xiaomi concerning confidentiality clubs [1]. Read part 1 of this blog. 3. Key errors in the order of the Court I. Confidentiality concerns of InterDigital and its…

Case Law, FRAND, India, SEP

(Anand and Anand)/

Can natural justice outweigh statute, contractual confidentiality obligations and industry practice? Recently, the High Court of Delhi passed a decision in the heated FRAND dispute between InterDigital and Xiaomi concerning confidentiality clubs. [1] The Court held that that Xiaomi’s employees must necessarily have access to InterDigital’s third party patent license agreements, so that Xiaomi may…

(Cross-border) jurisdiction, Case Law, CJEU, FRAND, Litigation, Procedure, SEP

(Dhenne Avocats)/ /9 Comments

I have the pleasure and the honor of welcoming today Professor Anne-Catherine Chriariny. Professor Chiariny teaches Patent Law and International Private Law at the University of Montpellier. She is notably the author of a famous doctoral thesis on international patent litigation awarded by the Prix Pierre Véron and the Prix Cercle Montesquieu in 2007, published in…

(Compulsory) license, (Cross-border) jurisdiction, AI, Brexit, Case Law, CJEU, Covid-19, EPC, EPO, EPO Decision, European Union, FRAND, Infringement, Legislation, Litigation, ownership, Patents, SEP

(Dhenne Avocats)/ /4 Comments

The Odyssey, which became synonymous for an eventful journey, originally refers to the perilous return of Odysseus to his homeland of Ithaca after the Trojan War. After the year 2020, marked by the COVID-19 pandemic, 2021 also announces numerous challenges for the world, and patentees will undoubtedly have their lot. Without trying to take the…

European Union, FRAND, SEP

(City, University of London) and (London School of Economics)/

Introduction The debate over standard essential patents (SEPs) often focuses on the interpretation of FRAND terms and conditions and the extent to which patent owners can refuse to license their exclusive rights to implementers, and ask courts to issue injunctions against them. What is also discussed by SEPs commentators (perhaps, to a lesser extent) is…