High Court finds that there is no proprietary estoppel for “late” declarations of standard essential patents under English law – Optis and Unwired Planet v Apple

http://www.twobirds.com/en/patenthub/shared/articles/2021/uk/high-court-finds-that-there-is-no-proprietary-estoppel-for-late-declarations

The question of whether “late declaration” of a Standard Essential Patent (SEP) can allow an implementer to rely on the doctrine of estoppel, as a defence to patent assertion under English law, has finally been resolved in the negative, in the decision of ...

28 June 2021

Essential or not? A European commission’s working group sets the track for an increased transparency on patent essentiality for smoother and timelier SEP license negotiations

http://www.twobirds.com/en/patenthub/news-and-case-updates/articles/working-group-sets-track-for-transparency-on-patent-essentiality-for-sep-license-negotiations

Out of the approximately 300,000 patents declared to ETSI as potentially "essential" to a standard, how many are actually essential?

27 May 2021

What is Europe doing about anti-suit injunctions issued by Chinese courts?

http://www.twobirds.com/en/patenthub/shared/articles/2021/global/what-is-europe-doing-about-anti-suit-injunctions-issued-by-chinese-courts

On 7 April the European Parliament submitted two questions to the European Commission relating to anti-suit injunctions (“ASIs”) issued by Chinese courts in cases involving standard essential patents (“SEPs”). They read as follows:

12 May 2021

English Court of Appeal dismisses ‘free-standing’ FRAND declaration claim

http://www.twobirds.com/en/patenthub/shared/articles/2021/uk/english-court-of-appeal-dismisses-free-standing-frand-declaration-claim

In an appeal decision issued on 26 March 2021 the Court of Appeal has confirmed a first instance judgment, for differing reasons, that the English Courts had no jurisdiction to hear Vestel’s claim for a FRAND declaration because the claim for the declaration ...

26 March 2021

Submarines, donkeys and French hostages

http://www.twobirds.com/en/patenthub/shared/articles/2021/global/submarines-donkeys-and-french-hostages

Richard Vary explains why Wuhan has become a destination jurisdiction of anti-suit injunctions and looks at the challenges that implementers face.

04 March 2021