4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation
Propel: Standard Essential Patents and the self-driving industry
SEP Litigation and the Internet of Things
Podcast: IP(DC): 5G for the C-Suite: Patent Hold-Up or Hold-Out?
You May Be Exhausted Over Standard Essential Patents (And Not Even Know It)
Podcast: Conductive Discussions: Recent FRAND & Trade Secret Enforcement Trends Affecting the Semiconductor Industry
In a pivotal ruling for patent damages and standard-essential patent (SEP) litigation, the Federal Circuit vacated a $300 million award against Apple in a long-standing dispute with Optis Cellular Technology, LLC. See Optis...more
Apple has escaped a $300 million patent infringement verdict after a three-judge panel of the United States Court of Appeals for the Federal Circuit vacated both the infringement and damages judgment because of faulty jury...more
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
In October 2022, the Court of Appeal in the United Kingdom issued a unanimous decision in ruling that Apple must either accept global licensing terms before they have even been determined or face an injunction that would...more
The UK has again demonstrated the ongoing trend against hold-out, approving an order forcing Apple to commit to take a license on FRAND terms, to be determined by the court, or face an injunction. This ruling is the latest in...more
For years, Apple has resisted taking a license to Optis’ standard-essential patent portfolio covering Long-Term Evolution (LTE) technology. However, it is now being reported that Apple committed to enter a global FRAND...more
Recent developments indicate that the UK is a favorable jurisdiction that owners of standard essential patents (“SEP”) can leverage to obtain appropriate SEP rates from what would otherwise be unwilling licensees. ...more
For many years, the European Commission (the Commission) has been the global leader in applying antitrust law to the technology sector. This year is no exception. Indeed, there have been a number of new European enforcement...more
Qualcomm has for years dominated the market for cellphone chips. Its patented technologies have been included in many cellphone standards on the condition, common among standards setting organizations (SSOs), that Qualcomm...more
Happy New Year! My resolutions for 2019 include, among others, continuing to write about legal issues effecting the Internet of Things as well as educating myself over the lesser told stories of American history. Yes, I’m one...more
The Fuzhou Intermediate People’s Court in China issued a preliminary injunction against Apple in connection with two patents asserted by Qualcomm. This decision, part of a global patent dispute between the parties, comes on...more
The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014. The FTC alleges that the semiconductor manufacturer illegally maintained a...more
Last week, the FTC filed a complaint against Qualcomm, a manufacturer of baseband processors, which are chips included in cell phones and other products with cellular connectivity that allow the devices to connect to cell...more
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
Standard For Obtaining Attorney’s Fees Too High - In OCTANE FITNESS, LLC v. ICON HEALTH & FITNESS, INC., Appeal No. 12-1184, the Supreme Court reversed and remanded the Federal Circuit’s affirmance of the district...more
The U.S. Court of Appeals for the Federal Circuit (in a case that attracted a dozen amici briefs) affirmed a district court ruling by Circuit Judge Posner (sitting by designation) that the holder of the FRAND-encumbered SEP...more
On April 25, 2014, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in the appeal from Judge Posner’s ruling that denied both Motorola and Apple damages and injunctive relief in Apple Inc. v....more
Earlier this summer, the Obama administration dealt a blow to Standard-Essential Patent (SEP) holders by reversing an International Trade Commission (ITC) exclusion order granted in favor of an SEP holder. This action...more
For the first time in 26 years, the White House exercised its veto authority over an International Trade Commission ("ITC") Exclusion Order. On June 4, 2013, the ITC determined in Investigation No. 337-TA-794 that Apple had...more
White House Disapproves Commission Determination To Issue Exclusion Order In 794 Investigation – By Letter of August 3, 2013, U.S. Trade Representative Michael Froman, acting on authority from the President, notified...more
On August 3, 2013, U.S. Trade Representative Michael Froman, acting under the authority of President Obama, sent a letter noting his disapproval of the International Trade Commission’s determination to issue an exclusion...more
In a rare move, on August 3, 2013, the United States Trade Representative of the Executive Office of the President (USTR) issued a letter disapproving the United States International Trade Commission's (ITC's) determination...more
ITC Launches Section 337 Investigation Pilot Program On New 100-Day ID Procedure – On Monday, June 24, 2013, the Commission advised that it launched a Pilot Program to test whether early rulings on certain dispositive...more
In This Issue: - Commission Issues Exclusion Order In 794 Investigation Despite FRAND Declarations - White House Releases Report On Patent Assertion And U.S. Innovation; Makes Legislative Recommendations And...more
The U.S. International Trade Commission has issued an exclusion order barring importation of certain older model Apple products for infringing a Samsung patent. The case is significant because the infringed patent was...more