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Tag Archives: FRAND

FRAND license litigation: new ways of accessing relevant rates in France

Besides its new provisions defining the trade secret and sanctioning its infringements, the French Law of 30 July 2018 regarding Trade Secret offers new procedural instruments aimed at efficiently protecting the confidentiality of the exhibits submitted by the parties. Article L.153-2 of the Code of Commerce provides that any person having access to an exhibit

Hogan Lovells Standard Essential Patent Update

In this 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. Japanese language translation also availabe here. Spotlight Article

U.S. + Germany Patent Update – September 2018

The U.S. and Germany are two of the most important fora in the world for patent litigation. The U.S. has long been one of the largest markets for patent litigation, and Germany has constantly attracted more than 50% of all European patent litigation. Hogan Lovells offers its multi-lingual update, dated September 2018, on notable recent

Huawei v. Samsung — A new benchmark for standard essential patent litigation in China?

China has become a new battlefield in the global patent war amongst tech giants in the telecom industry. On 4 January 2018, the Shenzhen Intermediate People’s Court (“Court“) rendered a landmark judgment in the Huawei v. Samsung standard essential patent (“SEPs“) case that is expected to reshape dynamics between the SEP licensors and licensees. On

TMT China Brief – Summer 2018

Welcome to our first issue of TMT China Brief in 2018! This edition features a total of 14 articles which capture various significant TMT developments in Greater China. These developments cover an extraordinary breadth of topics and demonstrate a strong increase in the nuance and complexity of TMT law and practice in the region. Cybersecurity

ITC Section 337 quarterly highlights

The ITC Section 337 series provides updates on recent U.S. International Trade Commission (ITC) Section 337 investigations as well as other timely ITC developments that affect your business. The latest news round-up from our Hogan Lovells ITC Section 337 practice, includes a new section featuring “tips from the bench” by former ITC Judge Theodore (Ted) R.

Wearable tech: Securing the right kind of IP protection – ‘Intellectual Values seminar series #2’ video

On 17 October 2017, Hogan Lovells, London hosted its annual ‘Intellectual Values’ seminar which this year focused on the ‘connected world’. Katie McConnell, a Counsel in our IPMT team, gave a snapshot of the issues arising from the brave new world of wearable technology. The seminar explored the IP challenges faced by market players –

France: Disparagement or FRAND offer?

A letter to the customers of a handset conceiver and seller, warning them against possible infringement, may constitute an offer for a Fair Reasonable And Non-Discriminatory (“FRAND”) license and is not constitutive of unfair competition. Wiko v. SISVEL, Commercial Court of Marseille, France 20/09/2016 The case reported is the first French FRAND-case initiated after the Huawei/ZTE

U.S. – DOJ and FTC propose updated Antitrust Guidelines for Licensing of Intellectual Property

On August 12, the U.S. Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) proposed updates to their Antitrust Guidelines for the Licensing of Intellectual Property (Guidelines). The agencies have not been amended the Guidelines since they were originally released in 1995. The revisions do not substantively modify the general principles of the

Law in the Global Marketplace: Study up post-symposium with our CLE materials

On 4th November, together with Santa Clara University’s High Tech Law Institute and the Berkeley Center for Law and Technology, we hosted our second Law in the Global Marketplace symposium on Intellectual Property and related issues. Topics covered thought-provoking issues concerning global aspects of intellectual property law, including the impact of patent reform in the EU

France – Uneven Standards: SEP infringement requires claimed process identical to the standard

The First Instance Court of Paris has held* that when asserting alleged Standard Essential Patents (“SEPs”), a patent holder first has to show that the process claimed in the asserted patent is identical to the process disclosed in the underlying standard. Vringo Infrastructure Inc. (“Vringo”) purchased roughly 500 patents declared by their initial owner as

US – Put your finger on the IP pulse: Law in The Global Marketplace Symposium

Emerging technologies. Rapidly evolving markets. Changing regulatory frameworks. Businesses around the globe are affected by these influences and intellectual property (IP) plays a central role. On 4th November, Hogan Lovells, Santa Clara University’s High Tech Law Institute, and the Berkeley Center for Law and Technology are bringing together the IP industry’s thought leaders to discuss

France – SEP cases begin by evidencing essentiality

First Instance Court of Paris, 17 April 2015, Core Wireless Licensing SARL v. LG Electronics Inc. and LG Electronics France The First Instance Court of Paris holds that when asserting alleged Standard Essential Patents (SEPs), a patent holder cannot just state and presume the essentiality of said patents. Core Wireless Licensing SARL (“Core”) purchased roughly

China: SAIC enacts IPR abuse regulation

On 13 April 2015, the State Administration for Industry and Commerce (“SAIC“) released the Regulation on the Prohibition of Conduct Eliminating or Restricting Competition by Abusing Intellectual Property Rights (“SAIC IPR Abuse Regulation“). The regulation is dated 7 April, and will enter into force on 1 August 2015. The SAIC IPR Abuse Regulation implements the