Posts Tagged: SEPs
The New U.S. Essential Patents Statement – Safeguarding the Integrity of the Patent System
In withdrawing the 2013 statement, the new 2019 guidance by the DOJ, NIST and the USPTO states the obvious, i.e. that there is no difference in the law …
Antitrust and Patents: A Conversation with Makan Delrahim
Last week, as a part of the Virtual Patent Masters™ Program hosted by IPWatchdog, I had the opportunity to interview Makan Delrahim, who is Assistant Attorney General …
Anticompetitive or Hyper-Competitive? An Analysis of the FTC v. Qualcomm Oral Argument
On February 13, the Ninth Circuit heard oral argument in the FTC v. Qualcomm case. Counsel for Qualcomm and the Federal Trade Commission (FTC) argued primarily about whether …
Clearing Up Confusion on SEPs: A Line-by-Line Response to a Problematic Essay
I recently became frustrated after reading an essay in the AIPLA newsletter by an attorney with Taft Stettinius & Hollister LLP on the topic of the new USPTO-DOJ-NIST …
USPTO, DOJ & NIST Issue Joint Policy Statement on Injunctions for Standard Essential Patents
Earlier this afternoon, the United States Patent and Trademark Office (USPTO, National Institute of Standards and Technology (NIST) and the U.S. Department of Justice, Antitrust Division (…
Ericsson Wins, But CAFC Dodges Whether Offers Were FRAND
Earlier today, the United States Court of Appeals for the Federal Circuit issued a decision in a standard essential patent (SEP) appeal involving Ericsson and TCL Communication …
Netlist Wins ITC Exclusion Order: Will the USPTO Support It?
Several weeks ago, the International Trade Commission (ITC) announced that Chief Administrative Law Judge (ALJ) Charles Bullock issued a Notice of Initial Final Determination recommending that certain …
‘It Is a Mess’: Recapping the U.S. Patent System’s Race Toward Uncertainty
What I tried to do for this presentation is figure out in about seven or eight minutes how I could convey to you what's really going on …
UK Supreme Court Rules on Employee Compensation for ‘Outstanding Benefit’ of Invention, Hears Arguments in High-Profile FRAND Cases
A professor is entitled to a payment of £2 million (about $2.5 million) from his former employer due to the “outstanding benefit” from his invention, the UK Supreme Court …
Tillis and Coons Nudge DOJ to Provide Revised Joint Statement on SEPs
Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member, respectively, of the Senate Judiciary Committee’s Subcommittee on Intellectual Property, sent a letter on …
Patent Masters™ Agree on Recommendations to Curb Harm to SEPs and Overreach of Antitrust Law
Standard Setting Organizations (SSOs) exist to identify and select the best innovations entire industries will build upon. Those contributing patented technologies are asked to provide fair, reasonable …
Standard Essential Patents: Statistics and Solutions to the Real Party in Interest Problem
As I noted in part one of my talk at the IPWatchdog Patent Masters Symposium, the validity statistics for SEPs do not look very good at first …
Standard Essential Patents: Examining and Learning from the European Approach
Standards-declared patents have been challenged in ex parte and post-grant review for years as part of enforcement efforts and other strategies, though the volume of patents declared …
Analyzing Judge Koh’s Errors in FTC v. Qualcomm: Highlights From Three Amicus Briefs
On August 30, a number of amicus briefs were filed in the FTC v. Qualcomm appeal in the U.S. Court of Appeals for the Ninth Circuit. The …
Restrictive IP Policies Could Limit Innovation Opportunity
In the wake of fraudulent IP applications from foreign nations—namely China—the United States has recently enacted or called for policies that require foreign entities to …
