First posted on spicyip.com on June 8, 2020 compatibility-230x169.jpg 5.81 KB Image from here Recently, there was a post on spicyip.com regarding merits of confidentiality clubs to standard essential patent (SEP) litigation. When I read it, my view was that the confidentiality clubs being applied to a defendant in a SEP litigation was highly problematic and the same was not suited for the defendant: the very basis for using confidentiality clubs to share information in SEP litigation was highly questionable and should be challenged by a defendant. This post concludes that it is not in a defendant’s best interests to agree to a confidentiality clu... Continue reading
On April 5, 2017, the UK High Court of Justice (Patents), Mr. Justice Colin Birss issued a detailed opinion [Unwired Planet v. Huawei ([2017] EWHC 711 (Pat), 5 Apr. 2017] in a matter involving SEPs and FRAND. The Unwired Planet v. Huawei (hereafter "Unwired") decision is extremely contentious and this posts covers only the issues that I believe need further consideration. Disclaimer: I advise several clients in matters involving SEPs and FRAND. These are my views only. Long post follows. Background: Unwired Planet (Unwired) have a worldwide patent portfolio which they bought from Telefonaktiebolaget LM Ericsson. The portfolio includes patents which are declared essential to va... Continue reading
First posted on spicyip.com on May 1, 2014 europa-flag.gif 814 Bytes The European Commission on April 29, 2014 issued two press releases in the competition law cases in investigations against Motorola Mobility and Samsung. A very-very interesting list of FAQs have also been issued constituting in some sort – guidelines for licensing SEPs under FRAND terms. I’ll spend some time on the guidelines as they have extremely important ramifications back here in India, but I would summarize the Motorola and Samsung decisions first. After these decisions, the position of the EU is more-or-less, in line with the US position on SEP – FRAND licensing. The Comm... Continue reading