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European Union › Intellectual Property Protection › FRAND

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Fish & Richardson

Munich Appeals Court Reinforces Security-Centric FRAND Framework in SEP Dispute

Fish & Richardson on

Standard-essential patent (SEP) licensing remains a critical issue in Europe, where political bodies and national courts at times diverge in the interpretation of fair, reasonable, and non-discriminatory (FRAND) licensing...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - December 2024

WilmerHale on

This is the fourth issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

A&O Shearman

Federal Circuit Keeps Open Possibility Of Antisuit Injunction In Ericsson v. Lenovo

A&O Shearman on

On October 24, 2024, the Federal Circuit issued a precedential opinion that may have implications for litigation involving standard essential patents (SEPs). Telefonaktiebolaget LM Ericsson v. Lenovo (United States), Inc.,...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | September 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - July 2024

WilmerHale on

This is the third issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that highlights developments about the licensing, litigation, and regulation of patents that are or are claimed to be...more

McDermott Will & Emery

UK Court of Appeal Increases FRAND Rate, Applies It Outside Limitations Period

McDermott Will & Emery on

The UK Court of Appeal found that the UK High Court of Justice applied flawed reasoning in setting a global fair, reasonable and non-discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G...more

Mintz - Intellectual Property Viewpoints

France Has Entered the Chat: Sun Patent Trust Asks French Court to Determine Global FRAND Rate for LTE-Advanced SEPs

Mintz - Intellectual Property Viewpoints on

Last week, Sun Patent Trust sued Xiaomi in France for infringement of patents claimed to be essential to the LTE-Advanced standard. In its suit, Sun Patent Trust asked French courts to set a global FRAND rate—something that...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - April 2024

WilmerHale on

This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

WilmerHale on

This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

WilmerHale

Why US Should Help European Efforts to Fix SEP Licensing

WilmerHale on

The U.S. Patent Office, the National Institute of Standards and the International Trade Administration are all currently seeking input to establish U.S. policy on foreign standard-essential patent licensing regulatory regimes...more

Akin Gump Strauss Hauer & Feld LLP

The EU IP Harmonization Package to Include EU-wide compulsory License

Akin Gump Strauss Hauer & Feld LLP on

Key Points - The EU aims to harmonize patent protection rules and flexibilities with a layer on top of national rules. This is in line with long-term efforts by the EU institutions to harmonize patent rules and motivated,...more

McDermott Will & Emery

2023 IP Outlook: The Latest in SEP Licensing

McDermott Will & Emery on

The uncertainty surrounding standard essential patent (SEP) licensing persisted in 2022 and shows little sign of clearing in 2023. SEPs must be licensed to technology implementers on fair, reasonable and nondiscriminatory...more

McDermott Will & Emery

2022 IP Outlook Report: The Developments Shaping European IP Law

McDermott Will & Emery on

While European intellectual property (IP) regimes have slowly digested the Brexit shock, brand owners are vacillating between optimism and apprehension in 2022 as they navigate continuous developments in IP law. At the...more

Morgan Lewis

Recent Developments in Competition Law and SEP Licensing in Europe and Their Effect on the Automotive Industry

Morgan Lewis on

The development of connected automobiles crystallizes the tensions between intellectual property law and competition law that have existed for years, particularly in the area of standard essential patents (SEPs). ...more

Hogan Lovells

Faster, greener and more digital: The EU Commission's IP strategy as a focal point for trends in antitrust law

Hogan Lovells on

On November 25, 2020, the EU Commission adopted an action plan for intellectual property to promote recovery and resilience in the EU – its plan for a new IP strategy. The focus is not only on the protection of, but the...more

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review – European Issues

McDermott Will & Emery on

The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more

Hogan Lovells

France – Trade secrets protection optimized with new procedural measures before Courts

Hogan Lovells on

The FRAND patent litigation case between Conversant Wireless Licensing SARL and LG Electronics Inc. and LG Electronics France offers a first and exemplary illustration of an extensive use of the procedural arrangements...more

WilmerHale

What to Expect in Licensing and Litigation as the Internet of Things Comes to the Automotive Industry

WilmerHale on

As outlined in prior articles in this series, the Internet of Things (IoT), or the connection of a variety of devices to collect and exchange data through the internet, has broad potential to impact the automotive industry....more

Hogan Lovells

FRAND license litigation: new ways of accessing relevant rates in France

Hogan Lovells on

Besides its new provisions defining the trade secret and sanctioning its infringements, the French Law of 30 July 2018 regarding Trade Secret offers new procedural instruments aimed at efficiently protecting the...more

Jones Day

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part II)

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The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

Jones Day

Connected Cars and Autonomous Driving—EU Antitrust Challenges (Part I)

Jones Day on

The Background: The automotive industry has achieved a number of technological advances aimed at developing connected cars, automated vehicles, and ultimately autonomous driving. These innovations are expected to pose a...more

WilmerHale

EU Commission Publishes Major IP Package: Guidance Given on the EU Approach to SEPs and on the EU IP Enforcement Directive

WilmerHale on

Last week, the EU Commission published a number of important documents on IP. The documents include (i) a communication paper “Setting out the EU approach to Standard Essential Patents,” and (ii) a communication paper...more

Morrison & Foerster LLP

The European Court of Justice on Enforcement of FRAND Patents: Huawei v. ZTE

Morrison & Foerster LLP on

The European Court of Justice (ECJ) rendered its highly anticipated ruling in Huawei v. ZTE on the enforcement of standard essential patents (SEPs) which are subject to a FRAND commitment. SEPs play a significant role in the...more

Mintz

EU Court Clarifies the Conditions Under Which Assertion of Standard-Essential Patents May Constitute Abuse of Market Dominance

Mintz on

Last week, in response to a request for a preliminary ruling by a German court hearing a patent infringement action brought by Huawei against ZTE, the Court of Justice of the European Union (ECJ) took up the question of...more

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