Tag Archive for standard essential patents

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…

ITC: No Public Interest In Excluding Qualcomm Competitors

Over a year ago, I filed comments at the International Trade Commission (ITC).  Those comments explained why it went against the public interest to exclude Qualcomm’s competitors products from the U.S. market based on Qualcomm’s patent infringement allegations. Last week, the ITC administrative law judge in charge of the case agreed. What’s At Stake? About…

CCIA, ACT File Amicus Brief In FTC v. Qualcomm

Yesterday, CCIA and ACT filed an amicus brief in the FTC’s case against Qualcomm in the Northern District of California.  As explained in the brief, the FRAND obligation which patent owners voluntarily agree to when they participate in the development of a standard requires the owners of standard-essential patents to license their patents on “fair,…

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 Releases White Paper On Standard Essential Patents

Yesterday, the Computer & Communications Industry Association, joined by five other trade associations representing industries ranging from retail to automotive to smartphone apps, released a white paper describing how certain views on antitrust policy as it relates to standard essential patents (SEPs) are contrary to both established legal precedent and to economic policy.  The white…

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…

Apple v. Qualcomm – Double Dipping and Breaking Promises

Back in January, Patent Progress wrote about lawsuits filed against Qualcomm by the FTC and by Apple.  Today, Apple filed an amended complaint against Qualcomm, based in part on new law resulting from the Supreme Court’s Lexmark decision on patent exhaustion. A High Water Lexmark In Patent Exhaustion The Lexmark case, while important, is actually…