Standard Essential Patent
In April Enrico Bonadio, Luke McDonagh and Francesco Chierichetti reported in this blog four decisions in Italian SEP-related litigations. Since then, thanks to further research and inputs from friends and colleagues, we have come across some other unpublished decisions, which we want to highlight here. Court of Turin, 4 April 2014 – HTC Europe…
The German Federal Court of Justice (FCJ) confirmed that for setting the value in dispute of nullity actions on standard essential patents (SEPs) the well-established general rule applies, i.e. in the absence of special circumstances the value is 125% of the value of the infringement action(s) on the same patent (Order of May 11, 2021,…
Introduction The implementation of 4G mobile communication technology in the UK has become very expensive for Apple in light of the High Court of England and Wales’ decision last month in Optis v. Apple. The court held that Optis’s standard-essential patents (‘SEPs’) were infringed by Apple. The court added that it was willing to decide…
On 25 June 2021 Meade J handed down his decision in the second of a series of trials listed as part of the Optis v Apple UK action ([2021] EWHC 1739 (Pat); a link the judgment is here). This decision concerned the validity and infringement of EP (UK) 2 229 744. This patent had previously…
On Wednesday 16 June 2021, Mr Justice Mellor handed down his judgment in the second technical trial in the Mitsubishi & Sisvel v OnePlus & Xiaomi proceedings ([2021] EWHC 1639 (Pat)), holding that the patents in suit were valid and essential to the LTE standard. The proceedings had been brought in an attempt to persuade…
In the past few years, India has produced significant case law on Standard Essential Patents (‘SEPs’), with the High Court of Delhi being the venue of several high-profile disputes. An important SEP decision in India – InterDigital v Xiaomi – was released by this court in early May 2021. The case relates to litigation occurring…
SEP-related case law in Europe is regularly reported in this blog, and other European platforms. Decisions of courts in UK, Germany, France and the Netherlands on FRAND royalties, anti-suit injunctions, anti-anti-suit injunctions, declarations of essentiality and other SEP issues are often thoroughly commented upon. This is not the case of Italian SEP case law. While…
In the aftermath of the landmark decision ‘Unwired Planet vs Huawei’, a series of other FRAND litigations have followed suit. Cases such as Conversant vs ZTE/Huawei, Philips vs TCL, TQ Delta v ZyXel or Optis v Apple pertain equally to the licensing of standard essential patents. From an economic perspective this raises the question as…
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…
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…
