This document summarizes recent developments regarding patent pools and standard essential patents (SEPs) in various jurisdictions. It discusses how the European Commission and US Department of Justice have increased scrutiny of patent pools to ensure they do not restrict competition or innovation. A key US case determined a framework for calculating fair, reasonable and non-discriminatory (FRAND) royalty rates for SEPs, emphasizing the actual value of patents rather than their inclusion in a standard. European cases found seeking injunctions against a "willing licensee" to be anticompetitive where the licensee was willing to pay FRAND rates.
Knobbe Martens Partner Mauricio Uribe recently wrote "The Effect of Microsoft v. Motorola" for Bloomberg BNA's Patent, Trademark & Copyright Journal. Uribe discusses how Judge James L. Robart’s framework for determining a royalty rate for infringement of a standard essential patent ‘‘is now on the cusp of changing the patent litigation landscape.’’
These are the slides for a presentation that I shall deliver over Zoom on 2 Sept 2020 at 14:00. It discusses the judgment of the UK Supreme Court in Unwired Planet International Ltd r v Huawei Technologies (UK) Co Ltd [2020] UKSC 37 which was delivered on 26 Aug 2020.
Starting May 13, significant changes in the law of design patents come into effect. First, the U.S. and Japan both join the Hague Agreement for the Registration of Industrial Designs. Second, all U.S. design patents filed May 13 or later will have a 15-year term from issuance. This is an increase from the current 14-year term. Third, starting May 13, applicants are no longer required to file a petition and pay fees to include color drawings in U.S. design applications.
As the legal landscape continues to evolve in terms of intellectual property law, the Los Angeles Business Journal once again turned to some of the leading IP attorneys and experts in the region to get their assessments regarding the current state of IP legislation, the new rules of copyright protection, licensing and technology, and the various trends that they have been observing, and in some cases, driving. Below is a series of questions the Business Journal posed to these experts and the unique responses they provided – offering a glimpse into the state of intellectual property law in 2014 – from the perspectives of those in the trenches of our region today.
Hitting the Licensing Bullseye: The Business Aspects of Patentsrbillion
Presentation made to the Licensing Executive Meeting of Minnesota on writing patents with the business of licensing in mind. Includes high level tests and examples of language one should not use.
Knobbe Martens Partner Mauricio Uribe recently wrote "The Effect of Microsoft v. Motorola" for Bloomberg BNA's Patent, Trademark & Copyright Journal. Uribe discusses how Judge James L. Robart’s framework for determining a royalty rate for infringement of a standard essential patent ‘‘is now on the cusp of changing the patent litigation landscape.’’
These are the slides for a presentation that I shall deliver over Zoom on 2 Sept 2020 at 14:00. It discusses the judgment of the UK Supreme Court in Unwired Planet International Ltd r v Huawei Technologies (UK) Co Ltd [2020] UKSC 37 which was delivered on 26 Aug 2020.
Starting May 13, significant changes in the law of design patents come into effect. First, the U.S. and Japan both join the Hague Agreement for the Registration of Industrial Designs. Second, all U.S. design patents filed May 13 or later will have a 15-year term from issuance. This is an increase from the current 14-year term. Third, starting May 13, applicants are no longer required to file a petition and pay fees to include color drawings in U.S. design applications.
As the legal landscape continues to evolve in terms of intellectual property law, the Los Angeles Business Journal once again turned to some of the leading IP attorneys and experts in the region to get their assessments regarding the current state of IP legislation, the new rules of copyright protection, licensing and technology, and the various trends that they have been observing, and in some cases, driving. Below is a series of questions the Business Journal posed to these experts and the unique responses they provided – offering a glimpse into the state of intellectual property law in 2014 – from the perspectives of those in the trenches of our region today.
Hitting the Licensing Bullseye: The Business Aspects of Patentsrbillion
Presentation made to the Licensing Executive Meeting of Minnesota on writing patents with the business of licensing in mind. Includes high level tests and examples of language one should not use.
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Ron Paul’s Complaint to Regain RonPaul.org Constitutes Reverse Domain Hijacking
• MOTT’s for Baby Food Is Considered Primarily Merely a Surname
• Company Uses More than Is Reasonably Necessary to Advertise that its Test Strips Work with Another’s Meters
Knobbe Martens Partners Catherine Holland, Lynda Zadra-Symes, Jeff Van Hoosear and Jonathan Hyman give insight into the major trademark law issues across multiple jurisdictions, covering: ownership and scope of trademarks, application for registration, appeal of failed applications, third-party opposition to registration, duration and maintenance of marks, assignment, markings, types of trademark enforcement proceedings, procedural format and timing, discovery, litigation costs, defenses and remedies and appeals.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Trademarks 2016, (published in September 2015) For further information please visit www.gettingthedealthrough.com.
The marcus evans 5th Product and Pipeline Enhancement for Generics Conference hosted industry leaders within the Generic Pharmaceutical, Branded Pharmaceutical and API industries operating globally. These leaders shared best practices, strategies and tools on portfolio management and business strategy, as well as legal, intellectual property and patent issues.
Knobbe Martens' attorneys presented on the following topic:
*Analyzing Recent Updates to the Hatch-Waxman Act to Grasp Future Impacts and Challenges
*Studying recent changes that could impact the industry, including 180-day exclusivity and complications regarding patent listings
*Drawing lessons from the close relationship between the patenting of generic products and FDA regulatory approval to pinpoint areas of improvement
*Considering the impact biosimilar products could have on market entry and patent strategies
*Reviewing both real-life rulings and hypotheticals regarding Hatch-Waxman litigation to identify future strategies
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and by allowing businesses to enforce their trade secret rights in federal court. Previously, trade secrets were protected only by state laws (which varied from state to state), and trade secret claims ordinarily could be brought only in state court. The new federal law does not preempt the state laws; it provides an additional avenue for protection and enforcement.
Rudi Bekkers shares with the AOM audience the ideas of his paper authored with Simon den Uijl and Henk de Vries, whose focus is on Patent Pools. Their work examines the experiences with three generations of patent pools in the optical disc industry.
den Uijl, S., Bekkers, R., & de Vries, H. (2013). Managing intellectual property using patent pools: Lessons from three generations of pools in the optical disc industry. California Management Review, 55(4), 31-50.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
Smartphone War Update: Some of Apple’s Patents Survive Invalidity Challenge
• Sale by Foreign Supplier Invalidated Patent
• District Court Abused Discretion in Refusing to Keep Confidential Documents Secret
This issue of Connect: Our Social Agenda showcases many of the exciting CSR activities run by Emirates NBD in the first quarter of 2016. Together Limitless leaped ahead with pre-launch prep completed for our first Disability Friendly Branch to be launched in Q2. Our CSR Team continued to promote inclusion through internal
and external workshops and the announcement of partnership with local author of the ‘I am ME’ stories series, Stephanie Hamilton.
The New Year brought new focus on the environment through the launch of energy, water and waste reduction initiatives, a new partnership with the Emirates Wildlife Society – World Wildlife Fund (EWS-WWF), and opportunities to connect with the local environment through the Exchangers Programme. If those activities weren’t enough, Emirates NBD celebrated International Women’s Day with the graduation of e7’s 2015 change makers, the announcement of a new batch of 2016 participants and the launch of ‘Women of Tomorrow’ a seed funding competition for young women in the UAE.
As we bring to an end the first quarter of 2016 we look ahead at the many exciting initiatives to come including a wide variety of Ramadan volunteer and giving opportunities guaranteed to offer everyone something of interest and expanded
volunteer options through our Exchanger Programme.
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Ron Paul’s Complaint to Regain RonPaul.org Constitutes Reverse Domain Hijacking
• MOTT’s for Baby Food Is Considered Primarily Merely a Surname
• Company Uses More than Is Reasonably Necessary to Advertise that its Test Strips Work with Another’s Meters
Knobbe Martens Partners Catherine Holland, Lynda Zadra-Symes, Jeff Van Hoosear and Jonathan Hyman give insight into the major trademark law issues across multiple jurisdictions, covering: ownership and scope of trademarks, application for registration, appeal of failed applications, third-party opposition to registration, duration and maintenance of marks, assignment, markings, types of trademark enforcement proceedings, procedural format and timing, discovery, litigation costs, defenses and remedies and appeals.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Trademarks 2016, (published in September 2015) For further information please visit www.gettingthedealthrough.com.
The marcus evans 5th Product and Pipeline Enhancement for Generics Conference hosted industry leaders within the Generic Pharmaceutical, Branded Pharmaceutical and API industries operating globally. These leaders shared best practices, strategies and tools on portfolio management and business strategy, as well as legal, intellectual property and patent issues.
Knobbe Martens' attorneys presented on the following topic:
*Analyzing Recent Updates to the Hatch-Waxman Act to Grasp Future Impacts and Challenges
*Studying recent changes that could impact the industry, including 180-day exclusivity and complications regarding patent listings
*Drawing lessons from the close relationship between the patenting of generic products and FDA regulatory approval to pinpoint areas of improvement
*Considering the impact biosimilar products could have on market entry and patent strategies
*Reviewing both real-life rulings and hypotheticals regarding Hatch-Waxman litigation to identify future strategies
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and by allowing businesses to enforce their trade secret rights in federal court. Previously, trade secrets were protected only by state laws (which varied from state to state), and trade secret claims ordinarily could be brought only in state court. The new federal law does not preempt the state laws; it provides an additional avenue for protection and enforcement.
Rudi Bekkers shares with the AOM audience the ideas of his paper authored with Simon den Uijl and Henk de Vries, whose focus is on Patent Pools. Their work examines the experiences with three generations of patent pools in the optical disc industry.
den Uijl, S., Bekkers, R., & de Vries, H. (2013). Managing intellectual property using patent pools: Lessons from three generations of pools in the optical disc industry. California Management Review, 55(4), 31-50.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
Smartphone War Update: Some of Apple’s Patents Survive Invalidity Challenge
• Sale by Foreign Supplier Invalidated Patent
• District Court Abused Discretion in Refusing to Keep Confidential Documents Secret
This issue of Connect: Our Social Agenda showcases many of the exciting CSR activities run by Emirates NBD in the first quarter of 2016. Together Limitless leaped ahead with pre-launch prep completed for our first Disability Friendly Branch to be launched in Q2. Our CSR Team continued to promote inclusion through internal
and external workshops and the announcement of partnership with local author of the ‘I am ME’ stories series, Stephanie Hamilton.
The New Year brought new focus on the environment through the launch of energy, water and waste reduction initiatives, a new partnership with the Emirates Wildlife Society – World Wildlife Fund (EWS-WWF), and opportunities to connect with the local environment through the Exchangers Programme. If those activities weren’t enough, Emirates NBD celebrated International Women’s Day with the graduation of e7’s 2015 change makers, the announcement of a new batch of 2016 participants and the launch of ‘Women of Tomorrow’ a seed funding competition for young women in the UAE.
As we bring to an end the first quarter of 2016 we look ahead at the many exciting initiatives to come including a wide variety of Ramadan volunteer and giving opportunities guaranteed to offer everyone something of interest and expanded
volunteer options through our Exchanger Programme.
Principles of Management in Hotel Industry (Marriott Hotels & Resorts)Nishita Baliarsingh
This project studies the applications of the 14 Principles of Management at described by Henri Fayol in his book "Classic General and Industrial Management" for Hotel Industry, Marriott Hotels.
As represented by “Smartphone Patent Wars,” patents for smartphones became the most
important strategic competition tool among market leaders. Especially, patents for mobile
communication standards, which are the so-called ‘Standard Essential Patents (SEPs),’ became
the center of legal and policy debates regarding their intellectual property rights (IPRs).
The author provides the implications of recent courts’ resolutions regarding FRAND
(Fair, Reasonable And Non Discriminatory) disputes to the ICT (Information and
Communications Technology) industry and provide several alternative options for resolving
FRAND disputes. The author contends that the current concerted resolutions in courts and
regulation agencies can results in adverse effects to the ICT industry. The author also contends
the main drawback of the recent proposals to resolve the disputes surrounding SEPs through the
ex ante FRAND licensing and the ICT industry players’ voluntary collaboration. From the
analysis of ICT industry players’ response to the outcomes of court resolutions, the author
contends a compromising way to provide FRAND Royalty adopting arguments from both sides
of the disputes. The author also contends a practical improvement to the voluntary collaboration
proposals to resolve the disputes surrounding SEPs.
In this short presentation, I define standard essential patents and RAND using the Wi-Fi standard as an example.
Beyond a basic definition, however, this presentation touches on the practical ramifications (both at a legal and corporate/financial level) that may lead to the current, ongoing SEP-related court cases.
Just how much device makers are on the hook for in patent licensing payouts is one of the most debated questions in the IP community. While a complete answer may remain elusive, an analytical approach can help manufacturers assess their risk.
Presentation delivered during 9th Seminar on Media and the Digital Economy (21-22 March 2019).
http://fsr.eui.eu/event/annual-scientific-seminar-on-media-and-the-digital-economy-9th-edition/
A crucial element of formulating a firm’s technological innovation strategy is determining whether and how to protect its technological innovation. Traditionally, economics and strategy have emphasized the importance of vigorously protecting an innovation in order to be the primary beneficiary of the innovation’s rewards, but the decision about whether and to what degree to protect an innovation is actually complex.
The Momentum of Open Standards - a Pragmatic Approach to Software Interoperab...ePractice.eu
Authors: Trond Arne Undheim, Jochen Friedrich.
Software is increasingly embedded in society. Fewer and fewer solutions are stand-alone, hence interoperability amongst software from different vendors is crucial to governments, industry and the third sector.
As the connected car market glows, LTE is becoming the main connectivity technology not only for the V2X (vehicle-to-vehicle, vehicle-to-person, vehicle-to- roadside unit) communications but also for providing value added services (e.g., infotainment).For example, the 2015 Audi A3 LTE connectivity service includes navigation with Google Earth and Street View, weather and event information. Thus, one may expect that the increasing use of LTE can make the automotive sector a new patent dispute battleground