Posts Tagged: SEPs
Judge Koh Responses on Antitrust-IP Intersection Promise More of the Same
On October 5, the Senate Judiciary Committee considered the nomination of Judge Lucy Koh, currently of the U.S. Federal District for the Northern District of California, to …
From SEP to Deal: Insights On an Often Long and Challenging Process
In this article, we’re going back to basics and discussing why our smartphones work everywhere, doing things closer to science fiction of the 1960s or 70s …
The Role of Standard-Essential Patents for the Auto Industry
Most market experts predict dramatic changes in the auto industry because of shifting consumer preferences, new business models and emerging markets. The sector also looks set to …
Allegedly ‘Late’ Disclosure of IP Rights to ETSI Does Not Make Patents Unenforceable in the U.S. or UK
Two recent court decisions in the United States and the United Kingdom, respectively, have considered (i) the disclosure obligation pursuant to Clause 4.1 of the European Telecommunications Standards …
Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims
In a previous article, we discussed the difference between a reasonable royalty for patent infringement and a FRAND licensing rate, both in terms of their origins and …
Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations
The U.S. Court of Appeals for the Fifth Circuit today affirmed an Eastern District of Texas court’s judgment for Ericsson, finding no error in the …
Biden Executive Order’s Approach to SEPs Sells Out American Small Businesses and Innovators
President Joe Biden’s recent executive order was billed as “promoting competition in the American economy,” but is a prime example of why one should always read …
HEVC Royalty Stacking and Uncertainty Threaten VVC Adoption
he Versatile Video Coding standard (VVC), finalized in 2020, is now entering a fragmented, multi-codec market. However, VVC’s adoption is uncertain in the face of competitive video …
Drilling Down on Criticism of Top-Down Approach to Determining Essentiality
Last week, an article was published on the Social Science Research Network (SSRN) website by Matteo Sabattini, who is the director of IP Policy at Ericsson. SSRN …
The Burden of Proof regarding Cellular Wireless Standard Related Patents: Final Thoughts for Our Critics
Do owners of patents for which licensing declarations have been made enjoy more rights than other patent holders? Do such licensing declarations impose obligations on potential licensees …
Determining When a Patent Portfolio is Standard-Essential: A Probabilistic Approach
In recent years, several patent experts and commentators have claimed that there are too many “low-quality” patents being granted by patent offices around the world, or that …
FRAND Royalty Base Statements and Cellular Wireless Standard Essential Patents: A Reply to a Responsive Article
In a previous series of articles that were published on IPWatchdog, we analyzed and categorized various fair, reasonable and non-discriminatory (FRAND)-related statements made by a variety …
Standard Essential Patents and Legal Risks Across Industries
The next industrial revolution will not only impact the smartphone and computer world but will spread to many more industrial verticals. Automotive, manufacturing, energy, health care, and …
Using AI to Valuate and Determine Essentiality for SEPs
One of the major challenges when licensing, transacting, or managing Standard Essential Patents (SEPs) is that there is no public database that provides information about verified SEPs. …
The DOJ Antitrust Division: Regulatory Capture at the Expense of U.S. Interests
Historically an esoteric area of law, in recent years, antitrust policy is drawing broader attention as a tool to curb the exercise of monopolistic market power, especially …
