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


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


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?


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


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


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