Category: Alternative Dispute Resolution
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Meet the PMAC’s newly appointed FRAND Guidelines Working Group
Simon Dack, the newly appointed Chair of the PMAC’s FRAND Guidelines Working Group, as well as several of its members, shared with ip fray what this means for the SEP ecosystem.
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Nokia, ASUS ink patent licensing deal: will also arbitrate terms
Nokia has now settled the last of its three global disputes targeting major implementers over video patent infringement, signing a patent license agreement with ASUS. The terms of the deal will be determined through arbitration.
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WIPO report endorses complementary use of FRAND valuation methodologies
WIPO’s new report on FRAND valuation rejects a one-size-fits-all approach to SEP licensing disputes. Instead, it argues that comparable-license, bottom-up, and top-down methodologies should be viewed as complementary tools for assessing whether licensing terms are fair, reasonable, and non-discriminatory.
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BREAKING: InterDigital and Amazon will determine video patent licensing terms through arbitration
The parties have agreed to withdraw all infringement and (F)RAND litigation in favor of binding arbitration.
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UPC grants Samsung two-week extension to comment on court’s proposal for settlement with ZTE, Samsung risks unwillingness finding
Samsung’s request for an extension of time by a full month appeared unreasonable (if not outrageous) to the UPC’s Mannheim LD.
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Latest amendment to Tokyo District Court’s SEP rules: global license requirement compared to latest UPC, UK, German, Brazilian approaches
The Tokyo court’s SEPJM approach is not what WIPO- pr PMAC-style mediation. But in ZTE v. Samsung, Western courts proposed settlement terms. Read our comparative analysis (premium) and general comments on reasonable discourse (free).
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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.