This Wednesday, March 21, from 4pm to 5pm Eastern Time, our own David W. Long will present a free one-hour webinar hosted by the Licensing Executives Society (LES) entitled “What Does U.S. Case Law Currently Tell Us About Standard Essential Patent Licensing.”

The webinar will provide an overview of U.S. case law related to licensing standard essential patents (SEPs) that the patent owner committed to license on fair, reasonable and non-discriminatory terms (FRAND).  The discussion will include Judge Selna’s decision in TCL v. Ericsson, which is the most recent U.S. decision setting a FRAND rate for SEPs. (see our Jan. 3, 2017 post and Feb. 13, 2018 post on the decision).

Topics include:

  • Understanding how U.S. courts have treated SEPs that the patent owner committed to license on FRAND terms.
  • Understanding how to apply existing general patent law to FRAND committed SEPs as we await more FRAND-specific decisions.
  • Understanding Judge Selna’s TCL v. Ericsson decision and how that decision may or may not apply to other FRAND situations.
  • Understanding differences between litigating FRAND terms and negotiating FRAND terms.

The webinar is free to anyone interested in attending (e.g., you do not need to be a member of LES to attend).  Register using this link.

The Fall season brings not only football, changing leaves and pumpkins, but also many program opportunities on your favorite legal issues — ours being standard essential patents.  Here are some program opportunities in the coming weeks to consider:

Today, Tuesday Oct. 13 at 2pm – 3pm Eastern, Intellectual Property Owners Association IP Chat Channel online webinar program on Standards and FRAND: Recent Developments in the U.S. and Europe.  This program will look at recent developments in the U.S. and Europe concerning standard essential patents, including the Ninth Circuit’s decision in the Microsoft v. Motorola case (see our July 31, 2015 post), the European High Court’s ruling in Huawei v. ZTE (see our July 16,2015 post), and developments in the U.S. International Trade Commission after the U.S. Trade Representative’s disavowal in 2013 of exclusionary relief in the Samsung v. Apple investigation (see, e.g., our Aug. 31, 2015 post where full Commission again dodges FRAND issues).   Speakers for this program include our own David W. Long, who is a Vice-Chair of IPO’s Litigation Committee.  More information and registration can be found at this IPO website link.

Oct. 19 – 20 in Reston, VA, The 15th Annual Sedona Conference on Patent Litigation: Improving the Efficiency of Handling Patent Litigation.  This in-person program will focus on three main areas of patent litigation: (1) patent litigation case management in light of patent legislation efforts and recent case developments; (2) litigating standard essential patent cases; and (3) coordinating parallel proceedings in district court and inter partes review in the U.S. Patent and Trademark Office.  There will be three panels discussing standard essential patent issues in the areas of patent owner and prospective licensee obligations based on standard setting commitments, determining what is a fair, reasonable and non-discriminatory royalty rate, and efficiently managing cases before district courts and the International Trade Commission.  Our own David W. Long is a Co-Chair for the overall conference and a speaker.  More information and registration can be found at this Sedona Conference website link.

Oct. 22 – 24 in Washington, DC, American Intellectual Property Law Association’s 2015 Annual Meeting.  This year’s AIPLA Annual Meeting offers two programs on standard essential patents.  On Thursday, Oct. 22, at 3:30 pm, AIPLA’s Antitrust Committee and Standards & Open Source Committee are sponsoring a joint program on Antitrust Law/Standards.  This program will focus on the intersection of antitrust law and patent law, such as the U.S. and Chinese competition agency investigations and standardization reform.  Speakers include Renata Hesse, a Deputy Assistant Attorney General in the U.S. Justice Department’s Antitrust Division, and Dina Kallay, the Director of Intellectual Property & Competition at Ericsson.  This program will be moderated by our own David W. Long, Chair of AIPLA’s Standards & Open Source Committee.  On Friday, Oct. 23, at 10:30 am, there will be a program on Antitrust Challenges: The Interface Between the Competition Law and IP Law that will address those issues being faced in Europe and China.  Speakers include Mathew Heim of Qualcomm and Mark D. Whitener of General Electric.  More information and registration for AIPLA’s Annual Meeting can be found at this AIPLA website link.

There are a couple of programs coming up this week and next that you may want to check out on the IEEE’s recent intellectual property rights (“IPR”) policy change (see our Feb. 3, 2015 post  and Feb. 5,  2015 post).  Both of these are programs that can be accessed remotely.

ABA Program.  This Tuesday, March 10, 2015 from 2:30 to 4:00pm Eastern, the American Bar Association is having a program entitled “An Analysis of the DOJ’s Business Review Letter.”  The program will be moderated by Koren W. Wong-Ervin of the U.S. Federal Trade Commission (“FTC”) with  speakers from the FTC, U.S. Department of Justice, industry (Qualcomm) and private practice.  More particulars and registration information can be found at the ABA website.

IPO Program.  Next Wednesday, March 18, 2015 from 2:00 pm to 3:00 pm Eastern, the Intellectual Property Owners Association is having a webinar entitled “The Future of Standards: What’s Next After the IEEE Shift.”  The program will have speakers from industry (IBM and Intel)  and private practice, including our own David Long.  More particulars and registration information can be found at the IPO website.

This coming Thursday, October 30, 2014, Law Seminars International will be hosting in Seattle (and over webcast) a one-day seminar on FRAND Obligations from 8:30 am to 5pm Pacific.  Here is a link to the program: FRAND Obligations.  Topics to be discussed include the following, including a topic presented by our own David Long:

  • When FRAND Obligations Arise: Are You Bound by FRAND?  What is Covered and When is It Covered?
  • Complying with FRAND Obligations: Guidance from Recent Cases for Setting FRAND Terms
  • Economic Analysis for FRAND
  • International Approaches to FRAND Issues and How They Affect Strategies for Companies in the U.S.
  • Enforcement: Litigation Strategies Including Choice of Forum and Remedies
  • Adapting Your Playbook to Fit the Circumstances

 

Reminder (and correcting some email notices) that the Essential Patent Blog and Kelley Drye & Warren LLP will host a complimentary webinar on Thursday, Oct. 17 at 12pm Eastern to discuss the import of Judge Holderman’s Oct. 3 RAND opinion in the Innovatio IP Ventures Patent Litigation and comparison with Judge Robart’s RAND methodology from the Microsoft v. Motorola litigation.  Some email notices inadvertantly and ambiguously indicated that the webinar was this Wednesday or Thursday — its Thursday.  Apologize for the confusion.

Our prior Oct. 11 post has the webinar particulars and sign-up information.

Please join the Essential Patent Blog and Kelley Drye & Warren LLP for a complimentary webinar on Thursday, Oct. 17 at 12:00pm Eastern to discuss the import of Judge Holderman’s recent RAND decision in the In re Innovatio IP Ventures, LLC Patent Litigation.  Judge Holderman’s October 3rd decision is only the second U.S. district court decision to determine what constitutes a proper royalty rate for a patent portfolio alleged to be essential to a standard that the patentee is obligated to license on reasonable and non-discriminatory (RAND) terms.  The webinar will review Judge Holderman’s RAND determination methodology, compare that methodology with Judge Robart’s RAND methodology from the Microsoft v. Motorola litigation, and consider some practical lessons learned based thereon.

Speakers:
David W. Long, Patent Litigation Partner, Kelley Drye & Warren LLP
Stephen R. Freeland, Commercial Litigation Associate, Kelley Drye & Warren LLP

Click here to reserve your space for the webinar or contact Alexandria Meaza at 202.945.6674.