G+ Communications v. Samsung: The Perils of Being ‘Half-Committed’ to FRAND

Earlier this year, a jury trial was held in the matter of G+ Communications, LLC v. Samsung Electronics Co., Samsung Electronics America, Inc., Case No: 2:22-CV-00078-JRG (E.D. Texas). Pursuant to the jury’s verdict, two of the three patents asserted were found to be infringed by Samsung, and compensation was awarded to G+ in the amount of $45 million for one patent and $22.5 million for the other. The verdict further indicated these amounts were running royalties as opposed to lump sum royalties. Additionally, the jury found G+ had not “breached its [fair, reasonable and non-discriminatory] FRAND obligation by failing to offer a license to the Asserted Patents to Samsung that was fair, reasonable, and non-discriminatory, and by failing to act in good faith regarding negotiations with Samsung as to a FRAND license covering the Asserted Patents.”

Understanding IP Matters: How AI and IP Are Making a Difference in Early Cancer Detection

Huge datasets and limitless computing power are converging to upend the practice of healthcare, especially the speed and accuracy of detecting major diseases. “We can manage terabytes of data in seconds, then move and store it in the cloud,” explains pioneering physicist, bioengineer, and serial entrepreneur Alan C. Nelson in a new conversation with Bruce Berman on his podcast ‘Understanding IP Matters.’ This capacity is markedly different than thirty years ago when Nelson began using AI to invent new tools to improve health outcomes.

Outsourcing Patent Enforcement: You May Get What You Pay For

Intellectual property litigation in the 21st century has brought to the fore systems for asserting infringement in which IP owners may be spared some of the huge expense of litigation by “routing” extra-judicial enforcement activities through a third party. They may do so by availing themselves of programs operated by middlemen such as Amazon, which can potentially cripple a competitor with the threat of removal from Amazon.com, while the patentee can claim to be immune from a declaratory judgment suit on the accused infringer’s home turf.

Four Factors to Consider When Deciding Whether to Use Trade Secrets

It is hardly an exaggeration to say that pretty much every business of every size possesses information that would qualify for trade secret protection. This is because under federal law the term “trade secret” is defined very broadly to capture virtually all types of tangible or intangible information. Specifically, the Defense of Trade Secrets Act (DTSA), which became law in 2016, defines trade secrets to include “all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes”

Both Sides Agree: Undermining Bayh-Dole Will Have Tragic Consequences for Innovation

In 1945, American engineer and the first Director of The Office of Scientific Research and Development, Vannevar Bush, published a famous report, Science and The Endless Frontier, which stated that “scientific progress is one essential key to our security as a nation, to our better health, to more jobs, to a higher standard of living, and to our cultural progress.” However, scientific progress could not be achieved until a streamlined patent system that incentivized and rewarded inventors was created. 

The CRISPR Battle Through the Lens of International Patent Harmonization

On Tuesday, May 7, the U.S. Court of Appeals for the Federal Circuit will hear argument in a long-awaited appeal addressing the inventorship of the Nobel Prize-winning CRISPR technology. The case is the latest in a continuing legal battle between two groups of innovators, each asserting patent rights to key aspects of the groundbreaking technology.

WIPO Report Highlights Importance of Patenting to Improve Tech Capabilities

On May 2, the World Intellectual Property Organization (WIPO) issued its most recent biennial report, entitled “Making Innovation Policy Work for Development,” which analyzes patent filing, scientific publications and economic data across the globe over the last two decades to identify innovation policies effective at diversifying national economies. While WIPO’s report underscores the highly concentrated nature of the global innovation economy, it also highlights several countries that have seen significant improvements in their own technological diversification during the study period.

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