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Makan Delrahim, the assistant attorney general for the Antitrust Division of the US Department of Justice, has been comfirmed as the keynote speaker at Patent Licensing 2018, IAM's annual event focusing on the key issues affecting licensees and licensors, and their dealmking strategies, in the US and beyond.  Since he was confirmed last September, Delrahim, who is a registered patent attorney, has taken a particularly close interest in the application of antitrust laws to the licensing of standard essential patents. In a series of speeches he has indicated a sharp turn away from the previous administration, insisting that the concept of patent...
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In recent years IBM has been in the patent headlines more often for its iron grip on the top spot of the annual US patent grant numbers and its habit of selling assets, quite often to start-ups in need of a pre-IPO IP boost.  What is sometimes lost is Big Blue’s trailblazing licensing programme which did so much to kick start corporate monetisation strategy through the 1990s, bringing in almost $2 billion in annual revenues at its height.    But the tech giant’s licensing track record is back in the spotlight this week thanks to its infringement lawsuit against Groupon. Big...
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After a number of very significant interim judgments in telecom licensing cases, the Delhi High Court has for the first time issued a SEP infringement verdict following a full trial. Philips was the beneficiary of the decision, in a case centered on the DVD Video and DVD ROM standards. But practitioners say the ruling leaves unaddressed questions on what constitutes FRAND conduct and abuse of dominant position in India. The lawsuit arose all the way back in 2009, when Philips sued two local companies – Manglam Technology and Bhagirathi Electronics – for making infringing DVD players. The patent-in-suit, covering a “Decoding device...
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Ericsson has put together the CAFC brief for its appeal against the Central District of California federal court’s decision in its litigation with Chinese handset manufacturer TCL. This sets the scene for the next round of one of the most consequential disputes over standard essential patents (SEPs) that the mobile sector has seen in the US for many years.  The document was filed more than six months after Judge James Selna largely sided with TCL over its claims that the Swedish telecoms giant’s licensing offers for its 2G, 3G and 4G patents were not FRAND. He rejected Ericsson’s arguments that a royalty...
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Two US senators have called on the Federal Trade Commission (FTC) to examine patent settlements involving biologic and biosimilar producers, echoing calls from patient advocacy groups. Raising particular concerns about AbbVie’s recent high-profile Humira agreements, the legislators have cast doubt on the legitimacy of settlements that have otherwise been interpreted as a triumph of the Illinois entity’s patent strategy. But whether or not the FTC decides to inspect the Humira settlements, rights owners should expect an increase in legal, regulatory and public scrutiny of such deals in the future. The request was made by senators Claire Klobucher (a Democrat) and Charles Grassley (a...
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Over the past couple of years, several major NPEs have announced big Chinese portfolio acquisitions. But a new litigation in Beijing shows that this is not the only way foreign assertion entities are affecting the market here - some patents formerly owned by now-defunct NPEs are re-emerging in Chinese lawsuits. Xiaomi’s strong smartphone sales and its IPO in Hong Kong have put a bull’s-eye on its back. It is facing down lawsuits from Ericsson in India and Coolpad in China, having recently beaten an SEP assertion by KPN. It is also, according to Chinese media reports, now facing a Beijing IP Court patent complaint lodged...
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If nothing has changed, some time this week should see the launch of a suit by a US NPE that, the man who runs it has told the world, is going to change the face of Chinese patent litigation forever. In an interview published by IAM on 6th July, iPEL CEO Brian Yates said that his firm was preparing to fight a case against an unnamed consumer goods company in China that will lead to the country’s “first damages award above $100 million”. For anyone who has followed China’s IP evolution that is quite a claim. That’s because, although they have won a reputation...
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BT has launched a lawsuit in US district court accusing a Silicon Valley based cyber security company of infringing five of its patents. According to the complaint, which was filed earlier this week in Delaware, BT contacted Fortinet in late 2014 and claimed that it infringed on two of the patents-in-suit. Despite writing to the company on three separate occasions through 2015 and again in early 2016, Fortinet did not respond to any communication until February 2016 via its outside counsel. According the court filing, it did not provide any meaningful explanation for why its products did not infringe the pair of patents. ...
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A new study of the wireless LAN (WLAN) global patent landscape reveals that while Qualcomm is the dominant player in the space overall, it is beaten by Marvell in the United States by active portfolio size and conspicuously absent from the list of the top holders of standard essential patents (SEPs). The study also finds that while the United States dominates this market by filings, numbers in Europe have been shooting up fast. Released on Wednesday by iRunway, the report takes a big-picture look at the highly lucrative WLAN market – estimated to be worth over $15 billion by 2022 – from...
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Earlier this month, Maxell won a $43.3 million damages award against ZTE in the Eastern District of Texas. It was the first jury decision for the Japanese electronics company, formerly a unit of Hitachi, since it began a US patent enforcement campaign back in 2016, with Huawei and ZTE as its initial targets. The company still has pending US patent suits against companies including Huawei, Asus and BlackBerry. IAM had an exclusive sit-down interview in Tokyo with Tatsuya Yamamoto, senior manager, IP licensing and legal at Maxell, to hear his insights into the company's current enforcement campaign and its overall patent strategy. What is...
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