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OPPO’s New FRAND Order: “You got your injunction? Well, I quit” (French...
I won’t go into the numerous litigations involving OPPO around the world, nor will I comment on the decisions rendered by the German Courts since this summer. What interests me is the unprecedented...
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Japan: Guidelines for a Transparent and Predictable SEP Licensing Negotiation
On March 31, 2022, the Ministry of Economy, Trade and Industry (METI) publicized the “Good Faith Negotiation Guidelines for Standard Essential Patent Licenses” (hereinafter, the “METI Guidelines”). The...
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FRAND Litigation in France (Part I): the Nature of the FRAND Commitment
It’s been a long time since I’ve evoked my favorite topic here. It seemed to me that the last four weeks before New Year’s Eve were an ideal time to summarize the understanding of FRAND litigation in...
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How To Avoid Jurisdictional Clashes On Standard Essential Patents – A Short...
The past decade has witnessed a sharp increase in litigation over standard essential patents (SEPs) around the world. National courts in several countries including UK have ruled they can set global...
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Still no sign of FRANDship between Nokia and Oppo, as Oppo is dealt a blow in...
Nokia v Oppo [2023] EWHC 23 (Pat) In a new development in the global dispute between Nokia and Oppo that spans seven jurisdictions across Europe and Asia, Mr Justice Meade of the English Patents Court...
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A Short Summary of the Recently Leaked EU Regulation Proposal on Standard...
EU institutions have recently paid attention to Standard Essential Patents (SEPs) and how the SEPs framework could be improved to encourage innovation while also promoting competition and satisfy...
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The Proposed EU Regulation on SEPs (I): The problems it addresses
The European Commission’s recently leaked Proposal for a Regulation on standard-essential patents (SEPs), summarized here by Enrico Bonadio and Dyuti Pandya, establishes a framework for transparent SEP...
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FRAND Determination is Center Stage in EC Proposed Standard Essential Patents...
The Standard Essential Patents (SEPs) Regulation Proposal also known as the IP Action Plan formally issued by the European Commission today suggests groundbreaking changes to the standard essential...
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The Proposed EU Regulation on SEPs (II): Comments on critique
In an earlier post I explained the issues that the proposed EU Regulation on SEPs intends to address, and why neither the market nor the courts solve them. Here, I discuss three points of critique...
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Optis v Apple: English Court gets to the core of the saga
As many readers will know, Apple and Optis have been engaged in international litigation concerning Standard Essential Patents (SEPs) since 2019. On 26 February 2019, Optis filed an action against...
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BRPTO New Report on 5G Patent Applications in Brazil
The Brazilian PTO (BRPTO) released, on July 20, 2023, the report “5G Technology: Patent overview in the World and in Brazil”, with an overview of 5G Standard Essential Patent (SEP) applications. It...
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Unified Patent Court extends number of technically qualified judges
Since the start of June 2023, 21 new technically qualified judges have been appointed to the Unified Patent Court and more will follow later this year. According to a UPC announcement, candidates will...
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First developments at the Unified Patent Court
The first two substantive public hearings of the Unified Patent Court will be held next month at the local division in Munich about applications for provisional measures. The hearings, on 5 (and if...
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Recent Indian Case Law on Standard Essential Patents
An earlier post on case law on Standard Essential Patents (SEPs) in India looked at decisions published until 2021. This very comment updates the analysis by covering more recent cases occurred in the...
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Brazilian government issues IP National Strategy guidelines for 2023-2025
On October 24, 2023, the Brazilian government released an Action Plan aiming at fostering the National Intellectual Property (IP) Strategy. The plan was prepared by the Interministry IP Group ( a group...
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The recent Chinese ‘Anti-Monopoly Guidelines’ on Standard Essential Patents
A judicial and academic debate on standard essential patents (SEPs) in China has recently arisen. The issuance of anti-suit injunctions (ASIs) by Chinese courts in a relatively short period of time...
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Countering Criticisms to the Proposed EU SEPs Regulation
The European Commission’s proposed Regulation to regulate standard essential patents (SEPs) in the EU has been a subject of much debate. Its explanatory memorandum sets forth its aim, including to...
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Can Standard Essential Patents Accelerate Ecological Transition?
The potential of Standard Essential Patents (SEPs) in driving the ecological transition poses a compelling question. Could these patents be instrumental in fostering innovative technologies and...
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A Critical Analysis of the EC Proposal for SEP Regulation
The proposal of the European Commission on the Regulation of SEP’s (the “Proposal“) has elicited criticism from various sides, including patent attorneys and lawyers, law professors, the government of...
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China’s Supreme People Court decides FRAND dispute in ACT v Oppo
In December 2023, the Supreme People’s Court (SPC) of China found that Chinese consumer electronics manufacturer Oppo was responsible for infringing six Chinese standard essential patents (SEPs):...
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