Law and Innovation

Fresh and interesting memo posted on the European Commission's website about frequently asked questions concerning these antitrust decisions on standard essential patents (SEPs) - Motorola Mobility and Samsung Electronics. I also recommend you this   Beginner's Guide To Standards-Essential Patent, Standard-Developing Organizations And [F]RAND Terms In The Smartphone Patent Wars. Happy reading and learning!  " What is an injunction? An injunction is a court order aimed at preventing the continuation of a patent infringement. Generally, it includes the prohibition to sell the product infringing the patent. Such injunctions can be preliminary – as a precautionary measure typically for the time of the assessment of the case on the merits by the court. Injunctions can also be permanent as a result of the decision on the merits by a court. What is a standard essential patent (SEP)? SEPs are patents essential to implement a specific industry standard.  Thi...

Fresh and interesting press release from the European Commission which  found that Motorola Mobility infringed EU competition rules by misusing standard essential patents. Happy reading! "The European Commission today adopted a decision which finds that Motorola Mobility's (Motorola) seeking and enforcement of an injunction against Apple before a German court on the basis of a smartphone standard essential patent (SEP) constitutes  an abuse of  a dominant position prohibited by EU antitrust rules in view of the particular circumstances in which the injunction was used (see also  MEMO/14/322 ). The Commission has ordered Motorola to eliminate the negative effects resulting from it. The Commission has also taken a commitment decision in a separate investigation concerning Samsung (see  IP/14/490 ). Commission Vice President in charge of competition policy Joaquín Almunia said:  "The so-called smartphone patent wars should not occur at the expense of...

Fresh and interesting article (posted on LinkedIn on March 27, 2014): Let’s get excited! The second big California patent lawsuit between Apple Inc. and Samsung Electronics Co. (case No. C 12-00630 LHK [1] ) will kick off on Monday (March 31, 2014 - 9:00 a.m). Hon. Lucy H. Koh will be presiding over the case. The first day will be devoted to jury selection and the trial is expected to last approximately 14 days. The first time around, on August 24, 2012, one of the most watched trials ever in the tech world and, probably, one of the most interesting intellectual property case took place in California ( Apple Inc. v. Samsung Electronics Co. Ltd. et al , case No. C 11-1846 LHK). As you all remember, Samsung has been found guilty of infringing on several patents (design and utility) and trade dress owned by Apple . All in all, the jury found 28 products to infringe some of Apple's intellectual property rights and awarded more than $1 billion damages, and rejected al...

T he legal battle between the world’s two largest phone manufacturers Apple and Samsung isn't over, and the fighting in courtrooms is getting more intense than ever! Get ready for a new Apple vs. Samsung event on  August 9th, 2013 .  Last year, on August 24, 2012, one of the most watched trials ever in the tech world and, probably, one of the most exciting Intellectual Property case took place in California : Apple Inc. v. Samsung Electronics Co. Ltd. et al , Case No. C 11-1846 LHK . As you all remember, Samsung has been found guilty of infringing on several patents (design and utility) and trade dress owned by Apple. All in all, the jury found 28 products to infringe some of Apple's intellectual property rights (IPR) ( http://www.fosspatents.com/2012/08/apple-to-request-preliminary-injunction.html ). In other words, a verdict largely favorable to Apple. As a reminder, the total of the jury's damages award was $1,049,393,540. Here is a detailed lis...