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LimeGreenIP News

Hogan Lovells’ Standard Essential Patent Update – August 2019 (English, 日本語, 한국어)

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 August 2019 update can be accessed in the following languages:

  • English language available here
  • 日本語 (Japanese language) available here
  • 한국어 (Korean language) available here

The August 2019 update covers these developments across the globe:

Global News & Notes

  • Market research firm IPlytics released a May 2019 report summarizing its analysis of SEPs declared essential to the 5G standard.
  • Via Licensing Corporation has announced that it purchased around 100 Long Term Evolution (LTE) SEPs owned by Blackberry and that these SEPs would be added to its licensing package at no additional cost.

China Updates

  • According to an official announcement from the Guangdong Higher People’s Court and other reports, Huawei Technologies Co., Ltd and Samsung (China) Investment Co., Ltd have agreed to a global settlement of their SEP disputes.

France Updates

  • In a decision dated 16 April 2019 (Docket No. 061/2019), the Paris Court of Appeal affirmed a 2015 first instance decision rejecting a patent owner’s claims that a telephone manufacturer infringed its allegedly essential patents by implementing the LTE and UMTS standards.

The Netherlands Updates

  • On July 2, 2019, the Court of Appeal of The Hague awarded Philips an injunction against Wiko, based on Wiko’s infringement of certain SEPs owned by Philips.

United Kingdom Updates

  • In its 18 July 2019 judgment in TQ Delta v. ZyXEL, the UK Court of Appeal allowed ZyXEL’s appeal and vacated the September RAND trial.
  • On 4 July 2019, the Patents Court handed down its decision in Conversant v Huawei [2019] EWHC 1687 (Pat), finding that, while Conversant’s SEP was essential and infringed, it was nevertheless invalid for added matter.

United States Updates

  • Judge Lucy Koh of the Northern District of California found that Qualcomm’s SEP licensing practices breached U.S. antitrust law and FRAND contractual obligations, ruling in favor of the U.S. Federal Trade Commission.
  • Judge Rodney Gilstrap of the Eastern District of Texas ruled that Ericsson had offered its SEPs on FRAND terms during licensing negotiations with a major cellphone manufacturer.
  • On July 12, the Federal Circuit vacated a USPTO inter partes review (IPR) decision that had rejected as invalidating prior art a working draft of the High Efficiency Video Coding standard (the H.265 standard) distributed to an e-mail listserv.

For more information, please click on the link with the detailed newsletter (English language日本語한국어), or contact partners Paul BrownFrederick Ch’enZhen (Katie) FengJoe RaffettoStanislas Roux-VaillardDr. Benjamin Schröer and Ruud van der Velden. Our full series of all our Global SEP Updates (including past updates) can be accessed here.