Category: United Kingdom
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SEP value transparency, AI lawyers, political tension: initial highlights from IP Dealmakers
The need for greater transparency in the value of standards, a debate on the increasing use of AI in patent litigation claims, and geopolitical considerations in IP enforcement were among the highlights of the first and second days of the third annual IP Dealmakers in London this week.
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UK appeals court permanently stays Acer, ASUS FRAND cases against Nokia: arbitration acceptable; no more FRAND trial
The Court of Appeal of England & Wales has largely overruled a decision by the High Court of Justice and stayed the proceedings. The two computer makers overplayed their hand.
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Ericsson wants “problem-solving, not posturing”: arbitration offer as safe harbor against “court-manufactured” interim licenses
Ericsson is a major SEP holder, but also licenses other companies’ patents for its network infrastructure products. Is head of patent assertions advocates a balanced, symmetrical approach where arbitration remains voluntary but its rejection precludes interim licenses.
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BREAKING: Chinese court determines $731M for 6-year, $600M+ for 5-year ZTE-Samsung FRAND cross-license — UK court is global outlier
The Chongqing Intermedia People’s Court ruling is consistent with those of the Munich I and Frankfurt Regional Courts, and the appellate level of the Rio de Janeiro State Court: 1.9 times (or at least >1.5 times) the UK figure.
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UK rate determination in Samsung v. ZTE of $392M ends up far below what other courts deemed FRAND, invites ever more litigation
A public redacted version of the UK FRAND judgment in Samsung v. ZTE has become available while a Chinese court ruling on the same question is still in the making and injunctions are in place in Brazil and Germany.
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BREAKING: Huawei has 5G patent license deal with Tesla — inadvertent disclosure by InterDigital counsel at UK Supreme Court hearing
InterDigital’s barrister has just uniquely identified the previously unknown Avanci 5G licensor who has a direct license deal in place with Tesla as “the single biggest licensor”.
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SEP holders can deprive Tesla’s pursuit of judicial FRAND rate-setting for patent pools of any basis if they want
Tesla’s pursuit of a UK judicial determination on the FRAND rate for a patent pool hangs by a thread: it depends on SEP holders’ positions in licensing and litigation.
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Tesla tells UKSC it shouldn’t have to do what much smaller companies like Doro, Emporia, Nothing can do — and relies on SME astroturfers
The UK Supreme Court started its 2.5-day Tesla v. InterDigital & Avanci hearing today. Tesla’s case for a UK determination of pool rates has fundamental shortcomings, which would pose challenges even if it got a UK trial.
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Will UK Supreme Court go from Unwired to Unhinged? Radical judicial imperialists form majority of panel in Tesla v. InterDigital & Avanci
The deck appears stacked against reasonableness, but hopefully the outcome will be better than the historic positions of the panel majority suggest. Otherwise the UK will come under a lot more pressure than it can sustain.