Tag Archive for standard essential patents

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 things, are fundamentally disalike.  Copyright law has compulsory licenses and an independent creation defense; patent law has neither.  Trademarks aren’t duration limited; copyrights and patents…

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 injunctive relief permits using the threat of enjoining an entire product to extract a royalty that covers more than the value contributed by the patent.  The policy also…

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 399,055 patents issued by the USPTO, 210,695—more than half—were obtained by residents of foreign countries.  Any changes that are made to…

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 predicted that this would lead to widespread chaos, with companies picking different jurisdictions and attempting to obtain a better rate in one forum than the other. I…

Guest Post: FRAND, RAND, & the Problem at Hand: Increasing Certainty in Infringement Damages for Standard-Essential Patents

This article was written by guest author Sam Howard, a 3L at Boston University School of Law and the winner of the 2019-2020 Patent Progress Writing Competition. The article is a shortened version of his full contest entry, which will be published in the Boston University Journal of Science and Technology Law in 2021, and…

USPTO, DoJ, and NIST Issue FRAND/SEP Policy Statement

Last week, the U.S. Patent and Trademark Office, U.S. Department of Justice, and National Institute of Standards and Technology issued a joint statement on standard-essential patents (SEPs).  The statement clarifies the agencies’ position on an earlier 2013 statement made by USPTO and DoJ while completing the process of formally withdrawing from that statement. In essence,…

Guest Post: Is Big Tech FRANDly to Competition?

Charles Duan is the Director of Technology and Innovation Policy at the R Street Institute, a nonprofit, nonpartisan think tank based in Washington, D.C. This post is cross-posted at the Disruptive Competition Project. On Tuesday, Apple released a new policy on its website relating to the obscure topic of “FRAND” licensing of patents. That’s an…

Voting Machines, Patents, and National Security

When standard-essential patents (SEPs) are in the news, it’s usually in the context of cellular or wireless networking standards.  Maybe you’ve thought about how standards govern other things, ranging from audio-visual encoding standards like MP3 to threads on fire hydrants. But what you probably don’t think about are voting machine standards.