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CIPA seminar: Standard Essential Patents (SEPs) Licensing and Litigation

Huawei

Huawei LTE patent

IPcopy watched CIPA’s seminar on Standard Essential Patents (SEPs) recently which was presented by Kevin Scott and Richard Vary. The seminar covered a number of topics: What is a SEP?; FRAND – what does it mean?; Licensee/licensor behaviour; Litigation venues (this part was also of wider interest than the SEP world); Unwired Planet v Huawei; SEP arbitration and the future.

What is a SEP?

The seminar started with definitions of “essential”, in the context of standard essential patents, from both the ETSI and IEEE organisations (see bottom of post for a copy of these definitions) before noting that this was quite a dry definition and the SEPs that we come across in today’s world are small improvement patents that can save a bit of power in a transmitted message or add a few extra transmitters into a particular radio channel.

The core technologies behind the smartphone in your pocket were standardised around 20 years ago but in the time since then many small improvements have been made. Kevin noted that the result of such improvements means that multiple people can now stream video while on their commute to work using a broadly similar amount of radio spectrum to that which was used to broadcast a few channels to the whole country. (more…)

Unwired and Huawei’s Excellent Adventure: Birss J boards his Time Machine to look at prior art disclosures on the Internet

business-257911_1920In a recent decision in Unwired Planet v Huawei, Birss J considered when a potential prior art document, which had been disclosed online, had been made available to the public. In the case in question the facts were such that the document had been published just a matter of hours before the priority document was filed. It was not in dispute that the document amounted to an enabling disclosure of the invention. (more…)