Category: IP-related competition matters
-
UK must be careful: U.S. Trade Representative’s Special 301 Report raises SEP-specific concerns (global license rulings, antisuit injunctions)
The reasons given for the EU’s debut on the watch list are primarily pharma-related — for now. The SEP issues raised in the report are a warning to the UK.
-
UPC throws out Samsung’s FRAND counterclaim against ZTE as duplicative of German proceeding; Samsung is saved by added matter (for now)
Samsung has avoided an infringement ruling so far, but its FRAND (counter)claims against ZTE have already failed in multiple jurisdictions, making an injunction only a matter of time.
-
New EU Technology Transfer Guidelines take unclear positions on collective patent licensing, but won’t enable LNGs to get traction
The European Commision’s updated Technology Transfer Guidelines discuss patent pools and LNGs, and they are unlikely to matter as they are legally and economically flawed. They even contradict themselves.
-
USDOJ reinforces SEP-related “no presumption” arguments from Disney v. InterDigital in 4th filing adverse to Samsung’s interests
The latest DOJ-ATR filing in support of a SEP holder is essentially just a cover letter for the statement already made in Disney v. InterDigital (same court even).
-
U.S. deputy antitrust chief: “totally different approach from U.S. and EU side” to licensing negotiation groups
The divergence between U.S. and EU antitrust enforcers on the question of licensing negotiation groups could hardly become clearer. ip fray’s views are materially consistent with the U.S. government’s perspective.
-
USDOJ Antitrust Division investigates Automotive Licensing Negotiation Group members in pushback against EU, German perversion of law
A Civil Investigative Demand is a preliminary step that does not always, but often leads to a governmental antitrust lawsuit in U.S. federal court.
-
Brazilian regulator calls UK aspirations for global FRAND determinations into question: next jurisdiction to push back?
This development follows anti-interference injunctions from the UPC and Munich I Regional Court, a letter from the European Commission’s DG TRADE to the UPC, and a statement by a Trump Administration official at a conference.
-
Samsung’s losing streak continues as Frankfurt court rejects FRAND antitrust claim against ZTE
Scattershot FRAND litigation is not paying off for Samsung. Now all eyes are on China, where a FRAND determination could come down very shortly.
-
FRAND Friday: Federal Court of Justice, Munich I Regional Court release landmark SEP rulings; here’s why Renault (“daily million-fold infringement”), HMD, EC lost
Two major German SEP/FRAND rulings became publicly accessible this morning. This is a lot for practitioners to digest as both decisions address new questions (or old questions from new angles).
-
Qualcomm settles $650M UK consumer class action over allegedly abusive practices (including licensing terms) from position of strength
This is not a settlement where Qualcomm seriously had much to fear. It’s much closer to a unilateral withdrawal.