Managing Modern IP Litigation before the Federal Courts, PTO and ITC
When: Tuesday, December 10 to Wednesday, December 11, 2013
Where: The Carlton Hotel, New York, New York
To learn more & register: Click Here
Industry News
As part of the global smartphone litigation between Apple and Samsung, the European Commission has been investigating Samsung’s use of injunctive relief to address infringement of standards-essential patents (SEPs). Last December, the
Commission informed Samsung that its attempts to obtain injunctions against Apple based on SEPs covering the European Telecommunications Standardisation Institute’s (ETSI) 3G UMTS mobile wireless standard constituted an abuse of dominant position under EU competition law. One of the key elements in the claim against Samsung was that it sought injunctions after having committed to license its SEPs to implementers of the UMTS standards on fair, reasonable and non-discriminatory (
FRAND) terms, a common requirement within the standards-development world.
Last week the
Commission announced that it has received a
preliminary settlement proposal from Samsung. Under this proposal, Samsung would commit not to seek injunctions in Europe on the basis of SEPs covering a broad range of wireless telecommunications and networking standards (i.e., well beyond the UMTS standard at issue in the Apple case), so long as the alleged infringers agreed to comply with a specified process for determining appropriate FRAND royalty rates. This process would include good faith negotiations for at least 12 months, followed by arbitration at the International Chamber of Commerce (ICC) or litigation in the English High Court. Samsung’s commitment with respect to its SEPs would become the most recent in a
growing number of public commitments being made voluntarily by patent holders to limit the enforcement of their patents covering standardized technologies… [
Read More ]
Tags: Legal conferences, Legal News, Patent Litigation