Friday, July 16, 2021

From Around the Blogs: SEP/FRAND News

1.  On the China IPR Blog, Mark Cohen published a post titled EU Files Request at WTO for Chinese Disclosure of SEP Cases and Practices, discussing the EU's recent request under TRIPS article 63.3 for further information on four SEP cases (Conversant v. Huawei, Oppo v. Sharp, Xiaomi v. InterDigital, and Samsung v. Ericsson).  Xiaomi's global dispute with Sisvel, however, appears to be over, as reported by Mathieu Klos on JUVE Patent

2. On IPKat, Frantzeska Papdopoulou published a post titled How much is that SEP in the window?  5 Themes from the IPKat/LSE Nokia v. Daimler Seminar, commentary by James Nurton.

3. On Bloomberg Law, Matthew Bultman published an article titled Apple Trial Spotlights U.K. Ban Potential in Global Patent Fights.  Florian Mueller argues here, however, that Apple actually has more leverage than one might initial think.  Also of interest in connection with this litigation is an article by Nadine Bleach titled Optis v. Apple: Meade J consider estoppel due to late IPR declarations for SEPs on the Kluwer Patent Blog.

4.  On IP Watchdog, Tim Pohlmann published an essay titled Standard Essential Patents and Legal Risks Across Industries, and another titled Using AI to Valuate and Determine Essentiality for SEPs.  Also on IP Watchdog, Curtis Dodd and Chris Dubuc published FRAND Royalty Base Statements and Cellular Wireless Standard Essential Patents:  A Reply to a Responsive Article, responding to this article by Tim Syrett; and Matteo Sabattini published Determining When a Patent Portfolio is Standard-Essential: A Probabilistic Approach.

5. On FOSS Patents, Florian Mueller published a post titled European Commission preparing potential new regulations and/or directive on standard-essential patents (projected date of completion:  late next year); and another titled Immediate and unconditional surrender is the only safe harbor for anti-antisuit defendants in Munich:  IP Bridge v. Huawei decision published.  I plan to read the decision sometime soon; as Mr. Mueller describes it, the decision appears to hold that refusing to promise not to file an antisuit injunction is an indicium of unwillingness to negotiate, leaving the SEP implementer vulnerable to an injunction.

No comments:

Post a Comment