Hogan Lovells’ Standard Essential Patent Update – December 2018 (English and 日本語)

The prominent state of patent litigation in the United States and Germany is explained not only by the size of its markets, but also by a recent increase of hearings before the U.S. International Trade Commission and the Patent Trial and Appeal Board. This series will summarize a handful of the more notable U.S. and German patent law developments over the past two months for these critical jurisdictions.

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, Germany, Japan, the United Kingdom, and the United States. The December 2018 SEP Update can be accessed in the following languages:

  • English language available

 

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  • 日本語 (Japanese language) available

The December 2018 spotlight article covers recent developments in the FTC v. Qualcomm case pending in the Northern District of California in the United States—in particular, the court’s finding that Qualcomm breached its FRAND obligations by refusing to license both device and component manufacturers.

The December 2018 update also covers these developments across the globe:

Global News & Notes

  • China Mobile, reportedly the world’s largest telecom carrier by subscribers, announced royalty-free licenses for its 5G SEP portfolio

China Updates

  • Developments in the pending appeal of Huawei v. Samsung at the Guangdong High People’s Court
  • The Chinese Patent Review Board’s invalidation of one SEP and maintenance of two others owned by Chinese NPE “Xuanpu”

Germany Updates

  • The Düsseldorf District Court’s issuance of a relatively licensee-friendly judgment, dismissing a claim for injunctive relief based on a defendant’s successful FRAND defense

United Kingdom Updates

  • Developments in the TQ Delta v. ZyXEL Communications case

United States Updates

  • The Department of Justice’s Antitrust Division’s announcement of its withdrawal from the SEP-related policy statement that it had issued with the USPTO
  • Judge Gilstrap of the Eastern District of Texas’s granting of Ericsson’s motion to enforce an arbitration requirement with HTC based on past licenses between the parties

For more information, please click on a link with the detailed newsletter (in English and 日本語) ), or contact partners Paul Brown, Dr. Frederick Ch’en, Zhen Feng, Joseph Raffetto, and Dr. Benjamin Schröer. Our full series of all of our Standard Essential Patent Updates (including past updates) can be accessed here.

 

Authored by Paul Brown, Frederick Ch'en, Katie Feng, Joe Raffetto and Benjamin Schroeer

Contacts
Zhen (Katie) Feng
Office Managing Partner
Shanghai
Paul Brown
Partner
London
Frederick Ch'en
Office Managing Partner
Tokyo
Joe Raffetto
Partner
Washington, D.C.
Benjamin Schroeer
Partner
Munich
Steffen Steininger
Partner
Munich

 

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