Category: EU SEP Regulation
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Only two FRAND defenses have succeeded in Germany in 70 months, and only one in 47 months — but agenda-driven paper falsely lists two more
A so-called “empirical analysis” of German SEP case law is not only misguided in some fundamental respects that distort the picture, but also falsely counts successful FRAND defenses that weren’t.
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German SEP case law is broken — and not “nuanced” as an agenda-driven paper concludes in its own reality distortion field
Based on a biased selection of German SEP decisions that is incomplete even by the authors’ own admission, a new paper attempts to downplay the problem that implementers of standards practically never prevail on a FRAND defense in Germany.
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Unified Patent Court makes first standard-essential patent decision: Mannheim LD orders production of license agreements
The UPC’s Mannheim Local Division has entered an order favoring transparency in connection with standard-essential patent license agreements in SEP disputes.
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EU Commission paper contemplates lower standard-essential patent royalties for cleantech, royalty-free green standards
The European Commission published a paper on Friday that is meant to reflect a thorough and responsible approach to policy-making, but ends up revealing an interventionist long-term agenda.
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Balanced SEP discussion at IP Dealmakers Forum in London, moderated by Sir Robin Jacob
At the inaugural European edition of the IP Dealmakers Forum, a panel moderated by a former UK appellate judge discussed SEP policy, including the proposed EU regulation.
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Smart meter giant EDMI takes license from Huawei, previously Avanci, but not Sisvel: patent pools are optional
Huawei and EDMI announced a license agreement today that relates to narrowband IoT standards. EDMI could have licensed the related Huawei patents through a Sisvel pool, but opted for a bilateral agreement, which demonstrates the optionality of patent pools.
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Intense lobbying activity around standard-essential patents breeds hyperbole, made-up issues, contradictions
Emboldened by a recent vote in the European Parliament and other developments, those advocating the interests of implementers of standard-essential patents are vocal. And not every problem they claim to have identified actually exists.
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Next attack on EU patent injunctions: IP2Innovate officially pushes for stronger proportionality requirement
A Brussels-based lobbying group of net licensees, IP2Innovate, has made a public call on the EU institutions to restrict access to patent injunctions by means of a strengthened proportionality test.
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European Commission asks Munich appeals court to reverse lower court in standard-essential patent case
EXCLUSIVE: The European Commission’s Directorate-General for Competition (DG COMP) has asked the Munich Higher Regional Court for permission to appear as an amicus curiae on the defendant’s behalf in a VoiceAge EVS v. HMD case. Different aspects of the EC’s initiative raise serious questions about the agency’s understanding of SEP issues.
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EU Commission rediscovers “importance of standard essential patents” as “major area of intellectual property protection”
At a recent WTO hearing relating to the European Commission’s trade complaint over Chinese antisuit injunctions, the EC took positions on standard-essential patents that noticeably diverge from its arguments for the proposed SEP Regulation.