Friday, April 29, 2016

Comments on India's DIPP Paper on SEPs and FRAND

Recently I published a post linking to the India Department of Industrial Policy and Promotion (DIPP) Discussion Paper on Standard Essential Patents and Their Availability on FRAND Terms (available here) and the comments submitted by the the Global Antitrust Institute, George Mason University School of Law, on the India Department of Industrial Policy and Promotion's Discussion Paper on Standard Essential Patents (available here).  Some of the other comments that were received prior to the April 22 deadline are available on the Centre for Internet and Society website here, and I understand that others may yet be added.  The ones available thus far include:

Comments by Professor Jorge Contreras (who brought this collection of comments to my attention); 

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In other news, the U.S. Court of Appeals for the Federal Circuit today denied a petition for a writ of mandamus in In re T.C. Heartland LLC, a case in which the petitioner challenged the Federal Circuit's long-standing interpretation of the federal patent venue statute.  Though not directly related to patent damages, the court's interpretation makes it very easy for patent plaintiffs to engage in forum shopping, which is a major reason why so many U.S. patent actions are filed in the Eastern District of Texas or (as here) the District of Delaware.  I'd expect a petition for rehearing en banc or cert petition.

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