Category: Alternative Dispute Resolution
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UK appeals court permanently stays Acer, ASUS FRAND cases against Nokia: arbitration acceptable; no more FRAND trial
The Court of Appeal of England & Wales has largely overruled a decision by the High Court of Justice and stayed the proceedings. The two computer makers overplayed their hand.
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UPC proposes terms for ZTE-Samsung cross-license: $640M for 5 years, $730M for 6; consistent with Chongqing, Munich; otherwise PMAC mediation
The Unified Patent Court’s Mannheim Local Division makes two settlement proposals with different contract terms and alternatively suggests mediation by the UPC’s Patent Mediation and Arbitration Centre.
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Ericsson wants “problem-solving, not posturing”: arbitration offer as safe harbor against “court-manufactured” interim licenses
Ericsson is a major SEP holder, but also licenses other companies’ patents for its network infrastructure products. Is head of patent assertions advocates a balanced, symmetrical approach where arbitration remains voluntary but its rejection precludes interim licenses.
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English appeals court presses Acer, ASUS on refusal to arbitrate Nokia licensing terms; UPC’s PMAC mentioned as one option
Computer makers Acer and ASUS have a credibility problem with respect to their willingness to take a FRAND license. Nokia’s only problem is the state of English SEP case law.
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InterDigital faces challenges from Dolby (to patent asserted against Disney) and Samsung (to $1 billion arbitration award)
Dolby has filed a petition for inter partes review of a patent that InterDigital asserted in a global infringement case against Disney in the United States District Court for the Central District of California last year. Meanwhile Samsung has challenged a $1 billion arbitration award it received last July as part of their mobile device…
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Tokyo District Court publishes SEP mediation guidelines: fundamentally incompatible with Western legal culture
In the Western hemisphere, mediation is shielded from litigation. The Tokyo District Court, however, has a different approach.
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Tokyo District Court to put FRAND mediation procedure in place: three rounds maximum, six months, global scope: Nikkei report
Shortly after giving guidance on how to adjudicate the FRAND defense to SEP injunctions, the Tokyo District Court appears to prepare the next initiative and it is about fast-track mediation.
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Samsung loses arbitration with InterDigital over FRAND royalty amount, pays 67% more: poor timing in light of global SEP dispute with ZTE
Context: Just like litigation, binding arbitration results in an enforceable decision, and there can be a winner and a loser. Rumor has it that Samsung at least once owed it to an arbitration proceeding that it paid a far lower standard-essential patent (SEP) royalty to a major SEP holder than the other party demanded. But…
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UK government proposes SEP measures such as rate-setting procedure, seeks input
The UK Intellectual Property Office has invited stakeholders from across the SEP ecosystem to submit views and evidence on proposed SEP measures by October 7, 2025.
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EU appeal against WTO panel decision in proceedings against China confirmed, Chinese government responds
While China welcomes the World Trade Organization’s panel report, it is prepared to arbitrate under the framework of the Multi-Party Interim Appeal Arbitration Agreement, it has stated.