Tag Archive for FRAND

Delrahim Pulls DoJ Out Of FRAND-SEP Policy Guidance

In a speech today at the Berkeley Advanced Patent Law Institute, United States Assistant Attorney General for the Antitrust Division Makan Delrahim announced that the Department of Justice was withdrawing from its 2013 guidance on remedies for standard-essential patents subject to FRAND commitments. Stating that “[t]here is no special set of rules for exclusion when…

Qualcomm’s Settlement With Taiwanese FTC Ignores Broken Promises

Last week Qualcomm reached an agreement with the Taiwanese Fair Trade Commission (TFTC), overturning the $778 million penalty the TFTC levied in October.  Qualcomm promised to invest $700 million in Taiwan and commit to certain process safeguards over their licensing arrangements with handset makers.  In exchange, the original TFTC ruling is wiped away. Qualcomm will…

CCIA Files Comments to US Antitrust Regulators on Patent Troll Activity

(Cross-posted on DisCo) Last Friday, CCIA filed its comments to the FTC/DOJ’s Public Workshop on Patent Assertion Entities (PAEs) (aka patent trolls).  Although antitrust authorities cannot fix all of the foundational problems in the patent system — such as the patent quality problem — they can certainly use their competition expertise and authority to help rein in some of the most…

Standard-Essential Patents in Context: Just a Small Piece of the Smartphone War Puzzle

(Cross-posted on DisCo) There has been a recent flurry of policy and regulatory activity related to standard-essential patents (SEPs).  First, Samsung announced it was dropping its requests for injunctions on SEPs in its ongoing patent battles with Apple.  Then, curiously, the European Commission filed a “Statement of Objections” (first round of European antitrust charges) against the Korean company for…

Patents in the News 2/26

The CCIA and RIM Tell the FTC Banning Injunctions for FRAND Patents Can Make Smartphone Wars Worse Groklaw February 26, 2013 If the government wants to build a highway and your house is in the way of the highway, what happens?.. Does the government come and tell you, “You have to move out and abandon…

Summarizing the Amici Briefs in Apple-Motorola before the Court of Appeals for the Federal Circuit

On June 22 Judge Richard Posner, sitting in designation, dismissed a patent infringement case between Motorola and Apple which included 15 Apple patents and 6 Motorola patents.  Judge Posner explained that even if infringement could be proven, neither party offered sufficient evidence to prove and entitlement to injunctive relief, and neither party had offered credible…

Samsung v. Apple at the ITC – Summarizing the Public Interest Briefs

On November 19 the ITC announced that the full Commission would review the Final Initial Determination in Investigation 337-TA-794, Samsung v. Apple.  The ALJ had determined that there was no infringement by Apple of Samsung’s asserted patents, which Samsung has declared as standard essential patents covering technology implemented by the European Telecommunications Standards Institute (ETSI). …