Tag: standard essential patents
Input on the United States Government National Standards Strategy for CET – Part 2
This post first appeared on SEP Essentials.
This is my second post in response to the Department of Commerce of the United States government in conjunction with the U.S. National Institute of Stand...
Input on the United States Government National Standards Strategy for CET (Part 1)
This post first appeared on SEP Essentials.
The Department of Commerce of the United States government in conjunction with the U.S. National Institute of Standard and Technology (“NIST”) has a...
What Europe Is Doing Right On SEPs
The European Union (EU) is diving into one of patent policy’s most controversial questions: how should patents on technologies which are essential for wireless connectivity be licensed? As the range...
Even Avanci’s Supporters Don’t Defend its Litigation Funding Scheme
In July 2020, the U.S. Department of Justice’s Antitrust Division issued a business review letter (BRL) addressing Avanci LLC’s proposed pool pursuant to which it would “license patent claims th...
Why SMART Isn’t Smart – Importing FRAND’s Flaws Into Copyright
This piece was originally posted at the Disruptive Competition Project.
“Intellectual property,” as a term, is a problem. It groups together areas of law that, while they may share some ...
Widespread Support for IEEE 2015 Patent Policy
In 2015, the IEEE made changes to its Patent Policy for standard-essential patents (SEPs). Among other things, that policy strongly disfavored seeking injunctive relief for SEPs because injuncti...
Fintiv Denials Playing a Role in Huawei Assertion Campaign
Whenever we discuss the U.S. patent system, it’s critical to recall that while these patents are U.S. patents, anyone in the world can obtain one. And they do. In fact, in FY2020, of the...
Unwired Planet, International Chaos
Late last August, the UK Supreme Court issued a ruling in Unwired Planet permitting UK courts to assert jurisdiction over worldwide rate-setting in standard-essential patent (SEP) disputes. I predicte...
FRAND, RAND, & the Problem at Hand: Increasing Certainty in Infringement Damages for Standard-Essential Patents
When Standard-Setting Organizations (“SSOs”) set various industry standards, they often require the incorporation of certain technologies (and, therefore, their underlying patents) into the standa...