Blog

20 Jul 2018

Analysis Fed Circuit IPR decision puts third-party filers in the spotlight

The ability of the likes of RPX and Unified Patents to file inter partes reviews (IPRs) against patents that have been asserted against their members in district court has been called into question by a recent decision from the Court of Appeals for the Federal Circuit (CAFC).  In the case, RPX filed an IPR against two patents owned by the NPE Applications in Internet Time. Those grants were part of ongoing infringement litigation between AIT and the defendant Salesforce, which is an RPX Read more

Richard Lloyd

20 Jul 2018

News China and South Korea will displace the West as the world’s innovation leaders by 2029

Unless the United States takes action now to improve its innovation and commercialisation processes, it will lose its leading position by all measures of innovation by 2029, the authors of a new report have claimed. The outlook is similarly gloomy for the EU and the UK, with the study predicting that East Asian countries – mainly China and South Korea – are set to race past their western counterparts in patent grant numbers, patent quality growth, and return on R&D spend, among Read more

Timothy Au

19 Jul 2018

Analysis Despite Samsung settlement management of former BlackBerry patents changes hands

Earlier this week a judge in the Eastern District of Texas officially dismissed the lawsuit between Samsung and Fundamental Innovation Systems International (FISI) after the pair settled their dispute. FISI had accused the tech giant of infringing 10 patents in a lawsuit filed early last year and the settlement leaves it with ongoing suits against just ZTE, Huawei and LG.  FISI is the entity backed by the private equity fund Centerbridge Partners which acquired a portfolio of around Read more

Richard Lloyd

19 Jul 2018

Analysis Fractus sues Oppo in China, setting up a big test for both sides

Barcelona-based antenna technology developer Fractus yesterday announced in a press release that it has filed patent litigation in China against mobile manufacturer Oppo. In doing so it has become one of relatively few foreign licensors to assert Chinese patents against a local company. Oppo has been rapidly buying up overseas patents, but its second major international litigation dispute will play out at home. Fractus has not named the specific patent being asserted in its campaign before Read more

Jacob Schindler

18 Jul 2018

News Delrahim confirmed as keynote speaker at IAM's annual patent licensing event in September

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 dealmaking 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 Read more

Joff Wild

17 Jul 2018

Analysis IBM’s infringement suit against Groupon shows it’s still a licensing heavyweight

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 Read more

Richard Lloyd

17 Jul 2018

Analysis After almost a decade of litigation, Philips wins India’s first-ever SEP infringement decision

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 Read more

Jacob Schindler

16 Jul 2018

Analysis Ericsson appeal brief sets stage for next chapter in epic SEP FRAND dispute with TCL

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 Read more

Richard Lloyd

16 Jul 2018

Analysis Expect closer supervision of US biologics settlements in wake of Humira ‘reverse payment’ concerns

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 Read more

Adam Houldsworth

16 Jul 2018

Analysis A complex patent trail shows how NPE litigation might be developing in China

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 Read more

Jacob Schindler

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Issue 90