Category: IP-related competition matters
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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.
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Standard-essential patent rules increasingly inspire non-SEP case law and policy in outlier cases where there are striking parallels
Standard-essential patents raise questions at the intersection of intellectual property and competition law. Concepts such as FRAND licensing obligations and anti-antisuit injunctions apply to outlier non-SEP cases as well.
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$1 million bounty for suing patent licensee’s rivals may be lawful owing to Noerr-Pennington doctrine, anti-SLAPP statute: U.S. court
Context: The Northern District of California has become a particularly popular venue for bringing antitrust claims that involve patent litigation and/or licensing. Its judges are considered more receptive to expansive antitrust ideas, and less patentee-friendly, than those in other districts. But since FTC v. Qualcomm, which was overturned on appeal, patent-related antitrust claims have typically…
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UK judge lets Lenovo v. InterDigital claim go forward that would force SEP holders to make two FRAND offers to avoid antitrust violations
A puzzling order by Mr Justice Richards in a FRAND action brought by Lenovo against InterDigital runs counter to one of the most basic rules of antitrust law: tying.
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Volkswagen takes early-bird Avanci 5G license for all of its brands, contrasting with VW’s delayed 4G upgrade
Shortly after the license agreement with General Motors, Avanci 5G announces another signing of a high-volume multi-brand automaker: all brands of the Volkswagen Group are on board.
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Automotive industry players seeking cartel clearance for Licensing Negotiation Groups: a leopard doesn’t change its spots
Licensing Negotiation Groups were proposed by certain automakers years ago, but failed to get traction with regulatory authorities. A new push is underway while the European Commision is investigating yet another automotive industry cartel.