A Rotten Apple Standard

Well it finally happened.  Notwithstanding the settlement with Apple, the district court overseeing the FTC’s case against Qualcomm issued a blistering, 233 page opinion against Qualcomm’s SEP licensing practices.  Some have argued that this ruling is just one more step in Apple’s long play attempts to kill SEP licensing – the technology that has put the “phone” into the iPhone.  To better understand this claim it is worth looking back at Apple’s history with respect to SEPs.

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Unified Patent’s UnFRANDly Jihad or Trolling at the PTAB

 

After a period of skeptical acquiescence, anti-trust regulators seem to have come around and embraced patent pools for standard essential patents (SEPs.)   The European Commission, no slouch when it comes to regulating SEPs, even remarked that the creation of patent pools “should be encouraged.”  Indeed, one recent study purporting to be the first to empirically analyze the costs and benefits of patent pools estimates that pools save licensees hundreds of millions of dollars in transaction costs.

Notwithstanding the EC’s encouragement, anti-patent advocates, Google & Apple Unified Patents, has decided to engage in a social media and costly litigation campaign to kneecap two high efficiency video coding or HEVC patent pools.  Filing 3 IPRs and 10 IPRs against patents belonging to HEVC Advance and Velos, respectively.  At a cost of between $300,000 to $600,000 per IPR, these IPRs cannot come cheap – even if much of the work is done in-house.  Accordingly, it is worth asking why is Unified trolling HEVC Advance and Velos, especially since there has yet to be any litigation by the owners of the HEVC patents that were IPR’ed.

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Tech’s Frightful Five and Their Allies Come to Brussels

Tech’s Frightful Five and their Allies Come to Brussels by David L. Cohen

Over the past 100 years corporate America has become quite sophisticated in how it lobbies the US Federal and State government and regulators.   While the messages being promoted may differ, lobbying for corporate interests as diverse as tobacco, sugar (and here), firearms, the environment, fossil fuels, health insurance (and here), financial regulation, and many other fields has become a major business in Washington and around the country.  Indeed, some have argued that the sheer scale of corporate lobbying has allowed it to conquer democracy in America.

It is no surprise, then that Tech’s Frightful Five (Apple, Alphabet/Google, Amazon, Facebook and Microsoft) have become masters of the lobbying game in America.

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Tech’s Frightful Five and Their Allies Come to Brussels

Tech’s Frightful Five and their Allies Come to Brussels by David L. Cohen

Over the past 100 years corporate America has become quite sophisticated in how it lobbies the US Federal and State government and regulators.   While the messages being promoted may differ, lobbying for corporate interests as diverse as tobacco, sugar (and here), firearms, the environment, fossil fuels, health insurance (and here), financial regulation, and many other fields has become a major business in Washington and around the country.  Indeed, some have argued that the sheer scale of corporate lobbying has allowed it to conquer democracy in America.

It is no surprise, then that Tech’s Frightful Five (Apple, Alphabet/Google, Amazon, Facebook and Microsoft) have become masters of the lobbying game in America.

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HTC v. Ericsson verdict is out – Bad faith all around?

Interesting verdict.  The jury concluded that Ericsson did not breach its contractual obligations to offer HTC a license to its SEP portfolio.  However, the jury also found that BOTH Ericsson  and HTC breached their obligation to negotiate for that license in good faith.

Lots to think about.  More to come.

Here is the verdict form.

11775490-0--30828 HTC v Ericsson verdict form

Smallest Saleable Patent Practicing Unit (SSPPU) – Another Court Affirms the Obvious

In the topsy-turvy world of Standard Essential Patent (SEP) litigation, a court acknowledging the obvious often counts as news. Thus, when Judge Gilstrap in EDTX noted the other day in an order before trial (Doc 376) that the ETSI IPR policy does not require royalties being calculated on use by the smallest saleable patent practicing unit (SSPPU) as the base, it generated breathless headlines (Bloomberg).

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China’s anti-monopoly law as a weapon against foreigners

I am very pleased I can now share the article that I co-authored with Doug Clark. The article first appeared in IAM Issue 92, published by Globe Business Media Group – IP Division. To view the issue in full, please go to www.IAM-media.com

To read the article please click here.

John Marshall Law School SEP Licensing Program

In October I was honored to be part of the John Marshall Law School IP Executive seminar program run by the inestimable Daryl Lim, and to be part of an all-day, three-person panel on Standard Essential Patents (SEPs). My co-panelists were Graham Bell of Cubicibuc Ltd. and Randall Rader, former Chief Judge of the US Court of Appeals for the Federal Circuit.

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Standard Essential Patents: What Every IP Attorney and In-house Counsel Should Know Seminar

Standard Essential Patents: What Every IP Attorney and In-house Counsel Should KnowDavid L. Cohen is thrilled to be a panelist at the Standard Essential Patents seminar for IP executives at the John Marshall Law School in Chicago, IL.

The seminar is designed for IP attorneys, licensing professionals, and technologists interested in gaining valuable insights into the why and how of SEP development and licensing. It will be taught by a renowned former jurist, a respected licensing executive, and an innovative IP strategist who will bring their perspectives to bear on this fascinating field.

Read more about the seminar and register here.