Abstract:FRAND licensing asks implementers to pay today for a benchmark that courts may only define tomorrow – often in disputes to which they were not a party. When later decisions show that agreed…
In contemporary SEP litigation, debates about FRAND almost always open with the same questions. What is the correct royalty rate? Which licences should count as comparables? Should the rate be global…
"The readiness is all." - HamletSometimes a judgment does not change the melody of FRAND law. It changes the instrument through which that melody may be played. Not every player reads the same score,…
The Tokyo District Court recently released its "Guidelines for Proceedings in Patent Infringement Lawsuits involving Standard Essential Patents" (the "Guidelines"). This is the first time a Japanese…
FRAND licensing is often presented as a technical exercise: find comparables, run the arithmetic, produce a number. But the panel on valuation and FRAND rate calculation at the OxFirst 12th IP and…
Summary: Senior judges from the UK and Germany used the OxFirst 12th IP and Competition Forum to discuss whether an interim license regime could provide a workable bridge in FRAND disputes—covering…
In late September, the Mannheim Local Division of the Unified Patent Court (UPC) and Germany’s Munich Regional Court issued the world’s first “anti-interim license” injunction orders (AILIs). These…
The withdrawal of the European Commission’s Standard Essential Patents (SEPs) Regulation proposal earlier this year has left a significant void in EU intellectual property policy. This decision was…
A long time ago, in a Europe not so far away, the UPC was launched with the ambition of restoring Order to the galaxy of European patent litigation. Fragmentation was to be defeated, procedural unity…
