Standard Essential Patent
On March 31, 2022, the Ministry of Economy, Trade and Industry (METI) publicized the “Good Faith Negotiation Guidelines for Standard Essential Patent Licenses” (hereinafter, the “METI Guidelines”). The METI Guidelines are not legally binding but were created as norms of good faith negotiations to be followed by SEP holders and implementers involved in SEP licensing…
I won’t go into the numerous litigations involving OPPO around the world, nor will I comment on the decisions rendered by the German Courts since this summer. What interests me is the unprecedented attitude of OPPO in these proceedings – which withdrew its products from the German market even before any injunction was enforced –,…
Recently, the decisions of courts in the United Kingdom (UK) in Unwired Planet v Huawei Technologies (Unwired Planet) and Optis Cellular Technology v Apple (which followed the decision of the UK Supreme Court in Unwired Planet) have given rise to significant debate over the appropriate forum for litigation of disputes in relation to standard essential…
Back in 2021 the Competition Enhancement Office and the Intellectual Property Policy Office at the Japanese Ministry of Economy, Trade and Industry (METI) established the “Study Group on Licensing Environment of Standard Essential Patents”. Various experts and corporate actors joined this group and reviewed the international environment surrounding SEP licensing negotiations and further discussed the…
In two recent decisions the District Court of The Hague assumed cross-border jurisdiction in FRAND / Standard Essential Patent (‘SEP’) proceedings. In a first case the Court assumed jurisdiction on claims related to the FRANDness of a SEPs (patent pool) license. In a second case the Court assumed jurisdiction on an anti-anti-suit injunction (‘AASI’) claim…
Recently, the UK Intellectual Property Office (UKIPO) has launched a call for views in order to better understand how effective the current Standard Essential Patents (SEPs) framework is in encouraging creativity, innovation, and promoting competition. Ultimately, the call aims to determine whether legislative changes are required. An interesting aspect of this call is that an…
I have already mentioned on many occasions on this blog the difficulties that FRANDs were causing regarding the choice of jurisdiction and the increasingly favorable position of French Courts to SEPs holders. The two decisions rendered by the Paris High Court in the XIAOMI vs. PHILIPS case confirm this trend by holding that the Paris…
The UK and US governments have recently launched calls for views regarding their SEP and FRAND policies, in order to understand the opinions of all the stakeholders, such as patent owners, implementers, consumers, etc. In the US, the Department of Justice (DoJ), the National Institute of Standards and Technology (NIST), and the United States Patent…
The Federal Court of Justice has dealt with the important question of how the amount in dispute in patent nullity proceedings is to be determined with regard to a standard-essential patent. In principle, the amount in dispute is to be determined in the same way as for a “normal” patent. The Federal Court of Justice…
This short post reports on one of the Panel Sessions at this year’s AIPPI Congress which took place virtually for the second year in a row. The tenth panel session of the AIPPI Online World Congress 2021 addressed global FRAND determinations by national courts and out-of-jurisdiction judgments in the form of anti-suit and anti-anti-suit injunctions….
