Intellectual Property Expert Group
Intellectual Property Expert Group
The European Commission has been pretty quiet about antitrust and licensing issues surrounding standard essential patents since the Commission ended its investigations against Rambus and Qualcomm in 2009. Both Rambus and Qualcomm were accused by its competitors of violating European…
Netherlands’ The Hague District Court Orange-Book decision brings up again the discussion about the compulsory licensing defense and the role of antitrust in patent infringement proceedings. Opposing’s Germany highest court the Dutch Court denies the possibility of responding with a…
The recent European Commission decision on Rambus’ alleged antitrust behavior provides interesting insights in what royalty rates offered by Rambus can be regarded as “fair”, “reasonable” and “non-discriminatory”. The antitrust proceedings dealt with the licensing behavior of Rambus Inc. after…
China’s standard setting organization (Standardization Administration of China, or SAC) posted a draft new patent regulation (“Regulations for the Administration of the Formulation and Revision of Patent-Involving National Standards (Interim) (Exposure Draft)”. Industry concerns, mostly from outside China have been…
Lately patent infringing issues arising from implementing standard compliant products are catching the news media, among which in Europe the decision in Orange-Book-Standard by the German Bundesgerichthof (BGH). In the US Nokia sued Apple for producing it top selling iPhone…
The recent German Federal Supreme Court ruling Orange-Book-Standard (BGH, 5/6/2009 – KZR 39/06) seems to be a strong attack on one of the core features of intellectual property rights: the provision of an injunctive relief in (patent) infringement proceedings. In…