article thumbnail

Patent Law at the Supreme Court February 2022

Patently-O

The settlement also included a license to thousands of Qualcomm patents. Here’s the problem — in its appeal, Apple was not able to show Apple’s rights or duties under the license would change if the patents were cancelled. This question ties the case directly to MedImmune, Inc. Genentech, Inc. ,

article thumbnail

Decoding The Scepticism Of Overlap Between Patents Law And Competition Law

IP and Legal Filings

The goal of competition law is to ensure fair functioning of the market. [1] 1] At a glance both the laws may seem to be conflicting but Intellectual property ensures fair amount of competition in the market which is also the goal of competition law. [2] STATUTORY TUSSLE OF JURISDICTION BETWEEN PATENTS ACT AND COMPETITON ACT.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

SpicyIP

Article 12, along with the recent amendments to the Patent Rules, restrict the obligation to disclose the “working” statement., This could make it harder to force companies to license patents if they are not being used to make affordable products in India. And further restricting policy levers such as compulsory licensing.

Patent 72
article thumbnail

Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area.

article thumbnail

SCOTUS Denies Cert in Thaler – The Thorny Issue of AI Inventorship

LexBlog IP

But the author must have a license to the original copyrighted work, or the original work must not be copyrighted (e.g., In this manner, copyright law separates the original creative expression from the preexisting copyrighted work. Patent law has also separated protectible and unprotectible portions of the inventions.

article thumbnail

Fifth Circuit Affirms That Ericsson’s Offers to HTC Complied With ETSI FRAND Commitment (HTC v. Ericsson)

LexBlog IP

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

article thumbnail

Knowledge of a True Name brings Magical Power — but is it Patent Eligible?

Patently-O

See Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion. 208 (2014) (quoting Mayo ). ‘310 Patent, Claim 24. The claim also includes an authorization check (such as a copyright license check) and will not permit access when “not authorized.” Alice Corp.

Patent 59