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Showing posts with the label standard essential patent

Trial C Appeal - Optis Cellular Technology v Apple Retail UK Ltd.

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Author Anthony M   Licence CC BY 2.0   Source Flickr Jane Lambert Court of Appeal (Lords Justices Arnold, Nugee and Birss)  Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others [2023] EWCA Civ 438 (25 April 2023) This was an appeal from Mr Justice Meade's judgment in Optis Cellular Technology LLC and others v Apple Retail UK Ltd and others [2021] EWHC 3121 (Pat) (25 Nov 2021) in which the learned judge revoked  EP 2 093 953 B1 ,  EP 2 464 065 B1  and  EP 2 592 779 B1  for a method for transmitting and receiving control information through PDCCH.  The action had been trial "C" of a series of trials between the three Panoptis companies (Optis Cellular Technology LLC, Optis Wireless Technology LLC and Unwired Planet International Ltd. ("Optis")) and Apple Inc. and its subsidiaries ("Apple") over the terms of a FRAND licence of the claimants' portfolio of allegedly standard-essential patents. The Appeal Mr Justice Mea...

The Trial - Conversant v Huawei Technologies and Others

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Jane Lambert Patents Court (Mr Justice Arnold)  Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd. and Others     [2019] EWHC 1687 (Pat) This was a claim by Conversant Wireless Licensing SARL   against Huawei Technologies Co. Ltd.   ZTE Corporation and their respective British subsidiaries for patent infringement. The patent in suit was European patent (UK) 1797659 entitled  Slow MAC-e for autonomous transmission in high speed uplink packet access (HSUPA) along with service specific transmission time control . The claimant contended that the patent was essential to an aspect of the 3rd generation mobile phone Universal Mobile Telecommunications Standard ("UMTS") referred to as Uplink DRX,  As the defendants distributed mobile phones that complied with that standard the claimant complained that the defendants would have infringed its patent.  The defendants denied essentiality and hence i...

TQ Delta, LLC v ZYXEL Communications - A Postscript

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Author BTphotosUK Licence Attribution 2.0 Generi c Source Wikipedia Fiber to the x Jane Lambert On Monday I discussed Mr Justice Henry Carr's judgment in  TQ Delta, LLC v ZYXEL Communications Ltd and Another [2019] EWHC 562 (Pat) (11 March 2019) and mentioned the injunction he granted in  TQ Delta LLC v Zyxel Communications Ltd and another  [2019] EWHC 745 (Pat) (18 March 2019) (see Standard Essential Patents - TQ Delta, LLC v ZYXEL Communications Ltd   22 July 2019). Since then.  Since then, there have been two further hearings in the proceedings: one before Mr Justice Birss on 17 April ( TQ Delta, LLC v Zyxel Communications UK Ltd and another No 3 [2019] EWHC 1089 (Pat) (17 April 2019)) and the other before Mr Recorder Campbell QC on 19 June 2010 (see TQ Delta, LLC v Zyxel Communications UK Ltd and another [2019] EWHC 1597 (Pat) (19 June 2019)). History of the Litigation In his judgment, Mr Justice Birss noted that the action had ...

The Court of Appeal considers FRAND: Unwired Planet v Huawei

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Author Ryry17354 Licence Creative Commons Attribution Share Alike 4.0 unoirted Source Wikipeoda Jane Lambert Court of Appeal (Lord Kitchin, Lord Justice Floyd and Lady Justice Asplin)  Unwired Planet International Ltd  and Another v Huawei Technologies Co Ltd and Another [2018] EWCA Civ 2344 (23 Oct 2018) FRAND stands for "fair, reasonable and non-discriminatory".   It is an acronym to describe the terms upon which licences should be granted for standard essential patents ( "SEPs" ).   SEPs are patents for inventions that are crucial for compliance with a technical standard.   I attempted an introduction to FRAND terms and SEPs in FRAND   on 8 Oct 2017. Lord Kitchin gave a much better one in the first five paragraphs of his judgment in  Unwired Planet International Ltd and Another v Huawei Technologies Co Ltd and Another [2018] EWCA Civ 2344 (23 Oct 2018). Unwired Planet In FRAND I discussed Mr Justice ...