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 from the famous IPWatchdog website  about the meaning of 'patent trolls'; who can be considered as one, and how should we stop them. "With the enormous media focus on the so-called problem of patent trolls one might start to think that any patent owner can easily stand up to and take on industry giants to obtain lottery like winnings. Not so fast! The great irony is that if you want a larger entity to fold like a cheap suit and settle quickly you would be better off filing a frivolous patent infringement lawsuit using a dubious patent. You see, the great irony is this: Only when large entities get sued on completely frivolous patent claims do they settle right away. Now I’m not advocating that course of action, rather just observing the truth of the matter asserted.   On the other hand, if you have a strong patent that covers real technology, perhaps pioneering technology, and there are substantial damages, the tech giants ...