Category: IP-related competition matters
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In pivotal FRAND case, Munich appeals court struggles with two aspects of Huawei v. ZTE — and unnecessarily so
In a SEP case in which the European Commission is intervening as an amicus curiae, the Munich Higher Regional Court raised two questions about Huawei v. ZTE that this article answers.
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EU commissioner-designate for Internal Market makes strong commitment to UPC, won’t risk confirmation over SEP Regulation
The likely new EU commissioner for the Internal Market, Stéphane Séjourné has made an unequivocal statement in favor of strengthening the Unified Patent Court, and said what he had to say at this stage about the proposed SEP Regulation.
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Xiaomi complains to EU over Panasonic’s standard-essential patent tactics: moment of truth for UPC, German courts
Xiaomi has filed an EU antitrust complaint over Panasonic’s pursuit of injunctive relief despite a procedural agreement to have a global FRAND rate determined in the UK.
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Apple may finally have reduced financial commitment to ACT, but its SME astroturfing on SEP policy continues
A notorious Apple lobbying front continues to claim to advocate the interests of small and medium-sized enterprises in connection with standard-essential patents and other tech policy questions.
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What’s a reasonable percentage of FRAND wins for SEP holders in litigation in a given jurisdiction?
Intuitively, one might be led to think that a legal standard resulting in an even split between wins and losses is right. It’s not that simple, but a 100-0 distribution or anything similar can hardly be anything but wrong.
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European Commission flowchart maps out path to SEP injunctions: strict sequentiality, forget Sisvel v. Haier
The European Commission’s first-ever SEP-related amicus curiae brief contains a flowchart that visualizes the path to a SEP injunction or, conversely, its denial.
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Avanci welcomes Chinese antitrust authority’s letter, is confident of compliance with applicable laws
A Chinese statement that Avanci published on WeChat indicates that the company believes to be compliant with the guidelines laid out by China’s State Administration for Market Regulation in a recent letter.
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Huawei files motions to strike some parts, dismiss others of Netgear’s U.S. complaint over WiFi SEP enforcement in UPC, Germany, China
Netgear filed a U.S. lawsuit in January, trying to gain leverage while Huawei’s WiFi SEP enforcement in Europe and China continues. Huawei has now moved to strike some parts of the complaint and dismiss others.
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German cartel clearance of Automotive Licensing Negotiation Group for SEPs won’t matter if SEP holders simply say no
The extent to which Germany’s Federal Cartel Office is prepared to condone an Automotive Licensing Negotiation Group for SEPs is extremely limited, if not negligible.
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German Federal Cartel Office grants unprecedented cartel clearance to Automotive Licensing Negotiation Group for SEPs
The German Federal Cartel Office today announced an unprecedented and problematic decision to grant cartel clearance to an Automotive Licensing Negotiation Group for standard-essential patents. But any company participating in such a group can still be held liable in other jurisdictions.