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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…)

Summer Summary

rainA Bank holiday plus a torrential downpour must mean that summer’s just about over. Just in case you missed us over the last few weeks, here’s our summer round-up from mid-July through to the end of August. (more…)

Exotic Creatures of the Deep – Huawei Technologies v. ZTE at the CJEU

14577981619_deea0f3276_mStandards Essential Patent (SEP) matters are the giant squid of the intellectual property ocean.  Enormously powerful and capable of making or disrupting the commercial plans of some of the world’s largest companies, they prowl a zone so mired in technical complexity and commercial confidentiality that their mighty struggles are largely obscured from view, despite their potential to swing hundreds of millions – even billions – of dollars from one group of companies to another.  Under these circumstances, it is not so surprising that a universally respected commenter on IP matters openly wondered what all the fuss was about after delivering an impeccable summary of the most important decision in this area for several years.  At first sight, the lack of excitement is understandable – the decision just seems to be a lot of stuff about who should do what when and looks about as thrilling as the rules for filing a tax return.  Let us, in the manner of James Cameron descending into the Challenger Deep, see if we can shed a little light on the ecosystem of the sea bed and explain why this decision might matter. (more…)