In the August 2018 edition of Hogan Lovells’ Standard Essential Patent (SEP) Update, we report on recent news and case decisions from China, Germany, the United Kingdom, and the United States. This bi-monthly newsletter summarizes the more notable SEP developments from key litigation arenas for owners and prospective licensees. This update can be accessed by clicking on one of the following languages: English; Japanese; and Korean.
For the August update, the spotlight article covers recent developments in the appeal of the TCL Communications v. Ericsson case, the first major U.S. top-down FRAND royalty decision.
The August update also covers eight additional developments across the globe. These developments include the following:
Global News and Notes:
- Ericsson and LG Electronics announced a global patent license agreement to cross-license each other’s standard essential patents
- Intellectual property consulting firm iRunway released a new study of global wireless LAN patents
- The Beijing IP court determined that Xiaomi’s General Packet Radio Service headsets did not infringe a Chinese SEP patent
- The District Court of Düsseldorf summarized the legal principles underlying the test to determine whether or not an alleged SEP confers a dominant market position
- The Higher Regional Court of Düsseldorf developed requirements for the disclosure of information in SEP-related infringement proceedings
United Kingdom Updates:
- The Patents Court in the U.K. found that confidentiality regimes allowing a disclosing party to designate documents as “external eyes only” are “wrong in principle”
- In Conversant Wireless v. Huawei, the UK court handed down a further judgment, granting permission to appeal both justiciability of the claim and forum conveniens
- Judge Orrick of the Northern District of California upheld his preliminary injunction against Huawei to prevent enforcing Chinese patent injunctions against Samsung