July 1, 2019 | Blog | By Michael Renaud, James Wodarski, Aarti Shah, Matthew Galica, Tiffany Knapp
Calculating royalty rates as part of a patent dispute often becomes a hotly-disputed issue, where opposing economic theories from expert witnesses are pinned against one another. As a litigant, care must be taken when deciding which economic theory to advance—and what facts to rely on—in support of a particular royalty rate. Given the varying and unique nature of disputes, a singular economic approach to determining a royalty rate is impractical and, oftentimes, inappropriate.
March 26, 2019 | Blog | By Michael Renaud, James Wodarski, Sandra Badin
A key issue in the licensing of standard essential patents (SEPs) is whether national courts have jurisdiction to determine what constitutes a global fair, reasonable, and non-discriminatory (FRAND) license rate. The Court of Appeal in England recently held that its patent courts have such jurisdiction. In Huawei Technologies Co. Ltd. v Conversant Wireless Licensing SARL, the Court of Appeal affirmed the jurisdiction of the High Court of Justice to try a claim for the infringement of UK-designated European SEPs against Chinese as well as English defendants and to issue an injunction for the unauthorized use of the SEPs at issue. In the process, it also affirmed the High Court’s jurisdiction to determine a worldwide FRAND rate.
January 23, 2019 | Advisory | By Michael Renaud, Ralph Nack, Marguerite McConihe
Read about patenting strategies for the European Patent Office’s new artificial intelligence and machine learning guidelines and European Patent Convention requirements.
December 12, 2018 | Alert | By Michael Renaud, Adam Rizk, Robert Moore, Catherine Xu
Read about the preliminary injunction issued by the Fuzhou Intermediate People’s Court in China against Apple for its infringement of two Qualcomm patents.
June 4, 2018 | Blog | By Andrew DeVoogd, Chris Duerden
A recent order from the Northern District of California provides patent practitioners interesting guidance regarding conduct during licensing discussions—and may be a cautionary tale to potential licensors engaged in efficient infringement.
March 6, 2017 | Blog | By Thomas Wintner, Robert Moore
Nondisclosure or confidentiality agreements (NDAs) are among the most common documents attorneys draft and review for clients. They are so common, in fact, that where a client needs to execute a large number of facially distinct but substantively similar NDAs, it may make sense for the client to draft and review these documents itself.
No Lack of Irony as FTC Brings FRAND Licensing Enforcement against Qualcomm Four Days after Declining to Address FRAND Licensing Requirements in its Revised IP Licensing Guidelines
January 19, 2017 | Article | By Michael Renaud, Robert Kidwell, Robert Moore
On January 17, 2017, the Federal Trade Commission (FTC) filed suit against Qualcomm in the U.S. District Court for the Northern District of California for allegedly monopolizing the market for CDMA and LTE baseband processor technologies.
October 14, 2016 | Blog | By Michael Renaud, Robert Kidwell, Andrew DeVoogd, Marguerite McConihe
For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995.
June 28, 2016 | Blog | By Michael Van Loy
In our fourth "IP for Start-Ups" video, "Are U.S. Patents Good Outside of the USA?", Mike discusses how geography plays into patent protection, both inside the U.S. and internationally.
June 27, 2016 | Blog | By Michael Renaud, Brad M Scheller
This past Thursday the Brexit vote sent shockwaves around world, including the IP community and in particular with respect to IP rights in the UK and Europe. But concerns at the moment are speculative as nothing yet has changed.
June 21, 2016 | Blog | By Michael Van Loy
As our weekly "IP for Start-Ups" series continues, IP attorney Mike Van Loy discusses the nuances behind writing claims that are both broad enough to capture potential infringers and specific enough to show that the patent is not covered by prior art, in our third video, "The Importance of Getting the Claims Right in a Patent".
June 14, 2016 | Blog | By Michael Van Loy
Check out the second video in our "IP for Start-Ups" series, "The Folly of the 'One Killer Patent' Strategy", below. Mike talks about the strategic advantage of having a modest patent portfolio, rather than only a single patent.
June 7, 2016 | Blog | By Michael Van Loy
Protecting your ideas is important, especially as you get your business off the ground. To kick-off the summer, we're launching our IP for Start-Ups series, with IP attorney Mike Van Loy.
EU Court Clarifies the Conditions Under Which Assertion of Standard-Essential Patents May Constitute Abuse of Market Dominance
July 23, 2015 | Alert | By Sandra Badin, Bruce Sokler, Michael Renaud, Rich Gervase
Last week, in response to a request for a preliminary ruling by a German court hearing a patent infringement action brought by Huawei against ZTE, the Court of Justice of the European Union (ECJ) took up the question of whether the assertion of patents that have been declared essential to the practice of a standard (standard-essential patents or SEPs) may run afoul of Article 102 of the Treaty on the Functioning of the European Union (TFEU).
July 17, 2015 | Alert | By Michael Renaud, Sandra Badin, Robert Moore
Federal Trade Commission (FTC) Chairwoman Edith Ramirez took the unusual step on July 13, 2015, of filing a written submission on her own behalf — and expressly not on behalf of her agency — in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation).
June 29, 2015 | Blog | By Lisa Adams, Derek Constantine
PART III: First, the JOBS Act requires the SEC to issue complex implementing rules prior to crowdfunding becoming a reality. For any startup seeking funding through a crowdfunding source, the rules proposed by the SEC under the Act demand detailed disclosures regarding the company. The company must also describe exactly how the securities it is offering are being valued.
June 25, 2015 | Blog | By Lisa Adams, Derek Constantine
PART 2: he US government began to address these investment challenges through the Jumpstart Our Business Startups Act (JOBS Act) in April 2012. While companies like Kickstarter allow startups to sell products or services, the JOBS Act envisions companies actually selling equity in themselves through crowdfunding campaigns.
June 18, 2015 | Blog | By Lisa Adams, Derek Constantine
PART 1: Pebble Technology had an interesting goal. It wanted to design and build a watch that could connect to iPhone and Android smartphones using Bluetooth. It wanted to allow the watch to alert a wearer with a silent vibration for incoming calls, emails and messages.
June 11, 2015 | Alert | By Michael Renaud, Sandra Badin, Robert Moore, James Wodarski
Administrative Law Judge Essex recently issued the public version of his Initial Determination on Remand in International Trade Commission investigation No. 337-TA-613, In the Matter of Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation).
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