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

Arbitration of FRAND Disputes in SEP Licensing

http://www.twobirds.com/en/patenthub/shared/articles/2021/uk/arbitration-of-frand-disputes-in-sep-licensing

High-technology products today usually contain standardised technology. Cellular wireless connectivity is one example: standards include the fourth-generation ‘LTE’ standard or the third-generation ‘UMTS’ standard.

02 March 2021