The disclosure decision comes firstA comparable licence is never only evidence of a rate. Before the Unified Patent Court, pleading one may open it to an employee of the opponent, keep that employee…
My forthcoming book, A Contractual Theory of FRAND: From Private Normativity to Legal Obligation in Technical Standardization, starts from a question that remains insufficiently examined in standard…
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,…
At the AIPPI, irony sometimes writes itself. In 2020, when the Association launched its essay competition, I submitted a paper on compulsory licenses and legitimacy — optimistically entitled “COVID…
As James Bond’s 1989 adventure Licence to Kill, in which a special permit confers extraordinary authority upon its bearer, Brexit has furnished British patentees with a renewed licence to navigate…
Like Prudence the heroine of Amours à l'Italienne (Rome Adventure in English), UPC local division of Mannheim gives us a lesson of polyamory with the first UPC FRAND decision (November, 22, 2024,…
This week we reported on the case between Huawei and Netgear, in which the defendant had obtained a production order for a comparable license granted by Huawei to Qualcomm, the production of which…
Regular readers of this blog will be aware of my interest, or rather my passion, for several Patent Law topics, including notably SEPs (see notably here, here and here), proof of infringement (see…
