IP Newsflash
Keeping you updated on recent developments in Intellectual Property law.
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IP Newsflash
Disputes as to the licensing of standard-essential patents (SEP) and determination of fair, reasonable and non-discriminatory (FRAND) terms are usually resolved through either negotiation or litigation in national courts. However, international arbitration is increasingly being used as an alternative to litigation, a trend endorsed in recent statements by both the U.S. Patent and Trademark Office and the U.K. Government.
IP Newsflash
Akin Gump published a client alert on January 28, which discusses the fact that successfully licensing standard-essential patents (SEPs) is key to a company’s ability to manufacture and sell products that practice a standard. With revolutionary advances in technology on the horizon, licensing of SEPs under fair, reasonable, and non-discriminatory (FRAND) terms is poised to take center stage, potentially impacting negotiations among stakeholders worldwide. Questions surrounding how best to license these technologies on FRAND terms and what remedies to grant patent holders are vital matters, hotly debated around the world, and now subject to public scrutiny on both sides of the Atlantic. The U.S. and U.K. governments have expressed their respective views on the subject in policy statements and are now seeking comment from the public.
IP Newsflash
On August 23, 2016, Magistrate Judge John Love in the Eastern District of Texas denied plaintiffs’ motion for summary judgment as to defendants’ affirmative defenses and counterclaims. These defenses and counterclaims related to plaintiffs’ alleged duty to disclose standard-essential patents (SEPs) to the Institute of Electrical and Electronics Engineers (IEEE). Judge Love denied the motion upon a finding that a factual question remained regarding whether the plaintiffs had a duty to disclose the asserted patents to the IEEE.