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LimeGreenIP News

Hogan Lovells’ Standard Essential Patent Update – May 2019

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, France, Germany, Italy, Japan, the Netherlands, Spain, the United Kingdom and the United States. The May 2019 update can be accessed in the following languages:

• English language available here

• Japanese language available here

The May 2019 update covers these developments across the globe:

Global News & Notes

  • Patent pool Avanci reported on 13 April 2019 that it has entered into a 2G, 3G, and 4G SEP license agreement with car manufacturers Audi AG and Porsche AG.
  • On 17 April 2019, market intelligence firm IPlytics released a landscape analysis report on 5G SEPs in the automotive industry.

China Updates

  • The Supreme People’s Court (SPC) has granted InterDigital’s petition for retrial concerning the Guangdong High Court’s 2013 decision on FRAND rates to be paid by Huawei.
  • SEP pool operator Avanci announced on its website that China Mobile has agreed to license its entire global portfolio of 2G, 3G, and 4G SEPs via Avanci’s “licensing platform.”

France Updates

  • On 16 April 2019, the Court of Appeal of Paris in Conversant Wireless Licensing SARL v. LG Electronics Inc. and LG Electronics France ruled that the patents asserted by Conversant were non-essential, rather than setting a worldwide FRAND license rate.

Germany Updates

  • On 22 March 2019, Higher Regional Court of Dusseldorf—one of the two most important appeals courts for patent cases in Germany—announced its second-most important FRAND judgment in case I-2 U 31/16, after the Sisvel v. Haier decision of 30 March 2017 (I-15 U 65/15).

The Netherlands Updates

  • For the first time, the Court of Appeal of The Hague has given guidance on the interpretation of the CJEU decision in Huawei v. ZTE and the standards for assessing FRAND defenses under Dutch law.

United Kingdom Updates

  • On 11 March 2019, in TQ Delta, LLC v ZyXEL Communications UK Limited & Ors [2019] EWHC 745 (Pat), the Patents Court found TQ Delta’s EP268 patent (which expires on 25 June 2019) to be valid, essential, and infringed by ZyXEL Communications UK Ltd. At a further hearing on 18 March 2019, the Patents Court determined the form of order following its judgment (the “Form of Order Hearing”).
  • On 11 April 2019, in Unwired Planet v. Huawei [2018] Ewca Civ 2344 & Huawei v. Conversant [2019] Ewca Civ 38, Huawei was given permission to appeal the UK Courts’ jurisdiction to determine global FRAND terms to the UK Supreme Court.

United States Updates

  • On 18 March 2019, Judge Rodney Gilstrap of the Eastern District of Texas ruled in a case before him that insufficient evidence had been presented for the court to determine whether a non-practicing entity (NPE) had satisfied its FRAND obligations in licensing its SEP patents to a cellular phone manufacturer.
  • On 11 April 2019, Judge Cathy Ann Bencivengo of the Southern District of California granted-in-part and denied-in-part a motion to dismiss filed by SEP-holder InterDigital, Inc. against claims brought by Swiss technology company u-blox AG.
  • On 24 April 2019, Judge Joseph Bataillon of the District of Delaware, ruling on post-trial motions, ordered that SEP-holder Godo Kaisha IP Bridge 1 was entitled to a royalty as to LTE products sold by a cellphone manufacturer, including LTE products of the manufacturer that had not been specifically adjudicated.

For more information, please click on the link with the detailed newsletter (English version and Japanese version), or contact partners Paul Brown, Frederick Ch’enZhen (Katie) FengJoe RaffettoStanislas Roux-VaillardDr. Benjamin Schröer and Ruud van der Velden. Our full series of all of our Standard Essential Patent Updates (including past updates) can be accessed here.