Technology & Law

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ERICSSON'S LITIGATION STRATEGY: A MEANS TO AN END?

First posted on spicyip.com on 15.08.2015 Some time back Ericsson announced a settlement of its pending disputes with True Position and Samsung. In the announcements, in True Position, Ericsson claimed that it "[T]akes pride in its technical leadership in wireless standard setting activities and looks forward to continuing to take a leading role in future 3GPP standard setting, including for LTE-Advanced and future generations of wireless technology." In the Samsung matter, Ericsson claimed that it is, "[C]ommitted to licensing its standard-essential patents on fair, reasonable and non-discriminatory (FRAND) terms for the benefit of the industry. It believes that licensing according... Continue reading

ECJ ON SEP LICENSING – HUAWEI V. ZTE

SEP holders with huge portfolios many patents (SEPs) may find it exceedingly difficult (at least in Europe) to take legal action against parties for patent infringement after the European Court of Justice put the onus on them to offer fair licensing deals.  Given the multitude of wayward decisions in Indian courts on SEPs and FRAND, I am not sure whether there would be any impact of the decision.  However, it is my sincere hope that it does. Readers would remember my last post where I tried to show the extra territorial reach of SEPs when used in portfolio licensing and tried to make a case against it.  The ECJ decisio n does discuss this issue briefly - albeit in a different co... Continue reading

THE EXTRA-TERRITORIAL REACH OF (SE)PATENTS? THE CASE AGAINST SEP PORTFOLIO LICENSING

One of the first things that law students are taught is that among the various rights granted by a sovereign, patents too are territorial in nature.  Simply put, patents granted by India are valid in India, and not valid in United States (US) or Pakistan, etc. and vice versa.Existing scholarship including case law in the US, focuses on the outbound impact of intellectual property rights (IPR), with patent laws being the focus of attention.  See, for example, US 35 USC § 271, and the related case law.  These studies have focused on  expansion and reach of high technology in foreign shores, and consequent violation of US IPR laws where the solution is to apply national IP laws on a ... Continue reading