Tag Archive for SEP

Standard Essential Patents In The News

Standard essential patents (SEPs) are in the news today in a couple ways. First, the EU antitrust authorities fined Qualcomm $1.2 billion over conduct that involved locking Apple into an exclusive supplier arrangement in order to harm competing baseband chipset makers.  The EU investigation isn’t the only place Qualcomm’s anti-competitive conduct is being challenged; they’ve…

An Analysis of the Final FTC-Motorola Settlement

Today, the FTC released its Final Order in its settlement with Motorola on the company’s use of standard essential patents (SEPs).  Although there isn’t much “here” here, as the Commission is required by law to open Consent Decrees to public comment before it finalizes them, the 25 public comments (including one from my organization) the Commission received led to…

Observations on Crossing the RAND Rubicon

Last week a federal court crossed into uncharted territory, for the first time calculating the proper reasonable and non-discriminatory (RAND) royalty on a standard-essential patent (SEP).  [PDF here, via Ars]  The dispute arose in litigation between Motorola and Microsoft over implementations of Motorola-owned patents incorporated into WiFi and video standards, which Motorola had agreed to…

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…

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). …

Lessons from Apple v. Motorola in Wisconsin

The FTC’s recent consent order in its merger review in In the Matter of Robert Bosch GmbH – a combination of manufacturing companies that make air conditioning recycling, recovery, and recharge products that are essential for repairing and servicing the coolant systems on motor vehicles – contained an interesting twist.  While reviewing the merger, the FTC…