Friday, August 17, 2018

From Around the Blogs

1.  Divish Joshi, whose Spicy IP post on the Delhi High Court decision in Koninklijke Philips Electronics N.V. vs. Rajesh Bansal And Ors. I mentioned on this blog a couple of weeks ago, has posted a follow-up titled Philips SEP Judgement: India’s First Post-Trial SEP Judgement has Serious Flaws.  Mr. Joshi expands upon his initial critique of the judgment, and makes some persuasive points about the court's infringement, exhaustion, and damages analysis.

2.  Florian Mueller published a post on FOSS Patents titled Huawei, Qualcomm, and patent holders' three preferred ways to gain anticompetitive leverage.  The post discusses, among other things, "the three ways in which some aggressive patent holders are seeking undue, anticompetitive leverage in our times,"namely Chinese patent injunctions, ITC proceedings in the U.S., and German patent injunctions.  Interesting read.

3.  David Long published a post on Essential Patents titled Judge Mitchell rules there are factual issues whether patent is “essential” to a standard (Cellular Eqpt v. ZTE), discussing a recent ruling from the Eastern District of Texas denying a patent owner's motion for summary judgment that the patent in suit is not essential to the practice of an ETSI standard, and thus not subject to FRAND terms.  The court concluded that there was conflicting evidence, including the patent owner's own previous statements to the effect that the patent was standard-essential. 

4.  I'd bet that many of my readers are already aware of this, but until recently I wasn't.  Docket Navigator published a blog titled Docket Report that provides short descriptions of recent rulings in U.S. patent cases.  Some of them are related to remedies issues, such as this post reporting on a recent district court decision not increasing the royalty rate for an award of ongoing royalties (finally, some common sense!)  I have added Docket Report to the list of "Other Blogs of Interest," on the left-hand side of this post.  And while I'm on the topic of other blogs and websites, perhaps you've never noticed, but both the left- and right-hand sides contain lots of additional blogs and websites of possible interest.  In particular, the bottom left-hand side lists "Other Sites of Interest," including news sites but also a variety of other sites on topics relating to science, philosophy, and culture.  Some (relatively) recent additions that I greatly enjoy are Aeon and Five Books.  Check them out.

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