Blog

24 Jul 2017

Interim royalties may soon be a regular feature of Chinese patent litigation, and implementers will set the price

The legal environment around SEP and FRAND issues is developing very rapidly in China, and a new set of guidelines released by the Beijing Higher People's Court adds yet more new ideas to the mix. In some areas, the document borrows from overseas principles like those set forth in the ECJ's Huawei v ZTE decision, while in others it appears to show more deference to implementers - a strong constituency in China, of course. The guidelines provide official insight into how Read more

Jacob Schindler

21 Jul 2017

Leading corporate IPR filers like Apple, Samsung, Google, Microsoft and LG have very different outcomes

Five years since the Patent Trial and Appeal Board (PTAB) came into force one of the defining elements of the US patent market has been the degree to which major operating companies have used inter partes reviews (IPRs) to challenge patents that are being asserted against them. The zeal with which the likes of Apple, Samsung and Google have turned to the PTAB has meant that IPR proceedings have been far more popular than anyone predicted. But how do the leading filers compare in terms of Read more

Richard Lloyd

21 Jul 2017

The Japan Patent Office outlines goals for coming year as first woman commissioner takes over

This month Naoko Munakata was announced as the new commissioner of the Japan Patent Office, replacing the retiring Yoshinori Komiya. While their short terms of tenure mean most JPO commissioners have a limited policy impact, the organisation’s recently published goals for the next fiscal year suggest that reforms will continue apace over the coming months, and will increasingly touch areas including IP finance. Until taking the reins at the JPO on July 5th, Munakata was executive Read more

Jacob Schindler

20 Jul 2017

First CRISPR patent pool signs up key patent owner, but significant challenges remain

The end of June was the deadline to submit patents for inclusion in a potential new pool, organised by MPEG LA, that will focus on the CRISPR/Cas9 gene editing technology. MPEG LA is the administrator behind the wildly successful MPEG-2 video compression pool that launched 20 years ago. Among those to submit their IP for possible inclusion in the pool was the Broad Institute, the research organisation that has been one of the CRISPR/Cas9 pioneers. Broad co-owns 22 relevant US and European Read more

Richard Lloyd

20 Jul 2017

“Infringers will pay a heavy price,” says China's President Xi in call for further IP reform

Chinese President Xi Jinping made rare public comments about the country’s IP reform efforts on Monday. Addressing the National Financial Work Conference, Xi called for strengthened intellectual property rights protection and more stringent punishment for infringement. The National Financial Work Conference, which convenes every five years, sets the tone and high-level policies for China’s financial regulations and reforms. It also offers policy guidance for the upcoming 19th Read more

Bing Zhao

18 Jul 2017

FTC head criticises application of US antitrust laws against owners of standards essential patents

While patent owners in the US in recent years have become accustomed to change in the legal environment courtesy of the Supreme Court and Congress, some have also had to contend with the much broader application of competition laws by local antitrust authorities. The Federal Trade Commission (FTC) has taken a lead role in actively policing the licensing activities of standard essential patent (SEP) holders, starting with Rambus in the mid-2000s and most recently with its investigation into Read more

Richard Lloyd

18 Jul 2017

Coverage, cloud and calls to the C-suite: Xiaomi IP strategy head on what drove deal with Nokia

Two weeks ago, Nokia and Xiaomi announced a patent cross-licence and transfer deal. To sum up, Xiaomi continued its effort to buy third-party patents, Nokia has gotten an important validation for its portfolio in China’s crucial implementer ecosystem, and the two sides will collaborate on a range of business projects. I caught up with Paul Lin, who led the negotiations for Xiaomi, and he shared some additional detail on how and why the deal happened, and what it means for both sides on a Read more

Jacob Schindler

17 Jul 2017

India’s latest computer-related invention rules are a boon to SEP holders, but leave plenty of uncertainty

Three weeks ago, the Indian Patent Office released a new set of examination guidelines for computer-related inventions. As I wrote at the time, what was immediately obvious to even my untrained eye was the fact that it had lopped off almost half of the old guidebook by deleting sections that proposed a “novel hardware” requirement and a lengthy list of examples of disallowed patents. For a more in-depth analysis I asked Essenese Obhan, managing partner of Obhan & Associates Read more

Jacob Schindler

16 Jul 2017

Apple's deal with a Korean NPE indicates the patents involved were of very high quality

Apple has acquired a group of 11 patents from Korean NPE Goldpeak, according to USPTO assignment records dated 29th June. The transaction, which was completed on 22nd May, involved assets originally owned by Pantech, which was once Korea’s second largest smartphone manufacturer, but filed for bankruptcy in 2014. The transaction was revealed by IAM’s former roving editor Jack Ellis, who left us a couple of months ago but is still keeping his IP eye in. Jack’s report on the Read more

Joff Wild

14 Jul 2017

Leading US legislator hits out at Texan judge while tech’s playbook shifts to defence on the Hill

Patent policy has not been in the US Congress’s spotlight much of late. True, the STRONGER Patents Act was introduced in the Senate last month, but few expect that bill to get much traction and it’s a far cry from the period between 2013 and 2015 when there was a flurry of new bills. With last year’s election and the controversies of the first months of the current administration keeping legislators busy, patent reform has slipped down the agenda. But it was back in focus Read more

Richard Lloyd

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Issue 84