Category: IP Legislation
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EU Commission jumps the gun on SEP Regulation, makes call for tenders that could be waste of time and money
It is astounding that the EU Commission’s Directorate-General for the Internal Market (DG GROW) wants to spend time and money on a study about a hypothetical regulation that is not guaranteed to be passed into law in any particular form.
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EU SEP Regulation’s market power flaw exposed by Qi lawsuits in UPC, Germany: Commission and Parliament got it wrong
The dispute between Philips and Belkin over Qi (wireless charging) patents illustrates one of the fundamental flaws of the proposed EU SEP Regulation: the failure to consider market power.
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USPTO Director gives another indication of U.S. opposition to EU SEP Regulation proposal
Context: Current as well as former U.S. government officials have repeatedly expressed concern over the proposed EU regulation on standard-essential patents (SEPs) and its potential impact on innovation and national security in the Western world. Earlier this month, ip fray reported on a memorandum signed by the United States Patent & Trademark Office (USPTO) and…
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5 lessons from InterDigital v. Lenovo UK FRAND appeal for EU SEP Regulation
This week’s InterDigital v. Lenovo FRAND appeal in the UK shows again why the proposed EU SEP Regulation is misguided.
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After rushing SEP Regulation through Parliament, rapporteur’s aide joined EUIPO as liaison officer: revolving door
A parliamentary aide with enormous influence over the rapporteur’s views and the procedural schedule joined the EUIPO only two days after the first-reading plenary vote as its new liaison officer for relations with the European Commission.
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USPTO, UKIPO formalize alliance on standard-essential patent policy, seeking to dissuade EU from regulatory excess — UPDATE: UKIPO denies advocacy objective
The patent offices of the United States and the United Kingdom yesterday signed a memorandum on standard-essential patent policy. One objective is to dissuade the EU from unhelpful regulatory overreach.
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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.