Blog

30 Mar 2017

Key Trump appointment raises hopes over direction of IP and antitrust in new US administration

Much of the analysis of Makan Delrahim’s appointment to head the Department of Justice’s antitrust division has, not surprisingly, focused on what it might mean for merger control. That’s partly because a number of mega-mergers in the US, such as AT&T’s bid for Time Warner, remain in various states of limbo as the parties wait to see how policy pans out under the new administration.  But, if confirmed, Delrahim would arguably have the most IP Read more

Richard Lloyd

30 Mar 2017

With over 20 SEP cases now on Beijing IP Court’s docket, practitioners study Sony injunction ruling for clues

A judge has revealed that there are more than 20 standards essential patent (SEP) disputes pending before the Beijing IP Court. The court’s vice president Chen Jinchuan confirmed the figure at a press conference last Wednesday at which he shared key developments from the venue’s second full year of existence. That same day, a panel of his colleagues ruled against Sony Mobile, issuing an injunction against 35 products deemed to be infringing a Chinese company’s SEP. Read more

Jacob Schindler

28 Mar 2017

There’s still all to play for in SCOTUS venue case which could shift focus back to Congress

The Supreme Court had another key aspect of US patent law in its sights on Monday as it heard oral arguments in TC Heartland LLC v Kraft Group Food Brands. The case provides the eight justices with the chance to radically overhaul the law concerning venue in patent infringement lawsuits. This currently gives plaintiffs broad scope in deciding where to bring a case. As anyone with even a cursory interest in patents could tell you, this means that as things stand a large proportion of patent Read more

Richard Lloyd

28 Mar 2017

LG files its first-ever US patent complaints – though it has been quietly monetising its IP for some time

LG Electronics appears to have launched its first-ever patent enforcement actions in the United States with a Delaware district lawsuit and International Trade Commission (ITC) complaint targeting US phone maker Blu Products. LG’s complaint and exhibits as filed with the Delaware district court are currently under seal, while any documentation outlining the ITC filing is apparently yet to be published. As such, details are thin on the ground at the moment, though some particulars can Read more

Jack Ellis

27 Mar 2017

Ericsson 5G royalty play may be less generous than originally thought; but it's definitely smart

The week before last, Ericsson chief IP officer Gustav Brismark gave an interview to Bloomberg in which he revealed the royalty rates the company would be asking for in relation to patents covering 5G technology in the mobile communications sector. The transparency this implied received a great deal of praise, including from this blog. In taking a look at the move, we also stated that there would doubtless be much more in-depth analysis of it to come. And that is just what has happened. We Read more

Joff Wild

27 Mar 2017

As the US continues on anti-patent path, lectures to others about importance of IP protection will lose punch

The US Supreme Court is due to hear oral arguments today (Monday) in the much-anticipated TC Heartland LLC v Kraft Foods Group Brands LLC case. At issue is the extent to which a patent owner should be able to select the forum in which to file suit against an alleged infringer. Currently, plaintiffs have relatively wide discretion, meaning that over 40% of all cases end up in the Eastern District of Texas. There is no doubt that the Eastern District of Texas does provide plaintiffs with many Read more

Joff Wild

27 Mar 2017

India’s largest patent filer shutters tech transfer arm in wake of major strategic failures

The tech transfer arm of India’s leading research organisation and largest patent filer says it has ceased operations because its financial position is unsustainable. CSIR-Tech was founded in 2011 to commercialise technology developed by the 38 research labs of the government-run Council of Scientific and Industrial Research (CSIR) through tech transfer and patent licensing. Its demise, along with recent comments by the organisation's director, suggest that this major player's Read more

Jacob Schindler

24 Mar 2017

A busy week for the auto sector as IV goes to court and Microsoft and Toyota announce a new agreement

The auto industry has been a hive of patent activity for several years. Manufacturers and suppliers are far more sophisticated players in terms of their own patenting, have become more assertive in fighting claims and are increasingly signing-up to defensive initiatives such as the LOT Network and Unified Patents. The emerging dynamics in the sector were on full display in two separate developments this week. First up, on Monday, Intellectual Ventures filed seven lawsuits in Read more

Richard Lloyd

24 Mar 2017

The NPE litigation boom in Germany is real, according to a new study, while China's potential begins to show

Recent research from IP analytics firm Darts-ip has identified China and Germany as the two major patent jurisdictions in which NPEs enjoy the most success in infringement proceedings. However, the relatively low volume of cases being filed by NPEs in China suggests that significant monetisation activity is still some way off – though there are already signs that it is picking up. The Darts-ip study looks at lawsuits filed by NPEs in several major jurisdictions outside of the Read more

Jack Ellis

23 Mar 2017

Latest SCOTUS ruling gives patent owners mild cause for optimism; while former USPTO chief slams Breyer

We’re currently seeing a flurry of patent activity from the Supreme Court. Earlier this week it heard oral arguments in Impression Products Inc v Lexmark International while it also released its opinion in SCA Hygiene Products Aktiebolag v First Quality Baby Products. Then on Monday the eight justices will hear arguments in the eagerly anticipated TC Heartland LLC v Kraft Food Group Brands LLC, - a case focused on venue selection in patent suits, which could undermine the Eastern Read more

Richard Lloyd

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Issue 82