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Articles by Pat Treacy
Ketian v Hitachi: China's First Compulsory Licence?
China: Ketian v Hitachi: China's First Compulsory Licence? 01 December 2021 by Pat Treacy and Iva Gobac Bristows To print this article, all you need is to be registered or login on Mondaq.com. On 23 April 2021, the Ningbo Intermediate People's Court handed down a judgment which found that Hitachi Metals Co. ("Hitachi") violated China's Anti-monopoly Law (AML) by refusing to license its patents related to the production of rare earth magnets.
CLIP Of The Month: Patent Pledges And EU Competition Law
European Union: CLIP Of The Month: Patent Pledges And EU Competition Law 03 November 2021 by Pat Treacy and Roosa Tarkiainen Bristows To print this article, all you need is to be registered or login on Mondaq.com.
Deutsche Telekom/Slovak Telekom - CJEU Clarifies The Scope Of Bronner And The Law On Refusal To Supply - Anti-trust/Competition Law - European Union
European Union: Deutsche Telekom/Slovak Telekom – CJEU Clarifies The Scope Of Bronner And The Law On Refusal To Supply 05 April 2021 by Pat Treacy , Edwin Bond and Will Hewitt Bristows To print this article, all you need is to be registered or login on Mondaq.com. Last week, on 25 March, the CJEU handed down its judgments in Deutsche Telekom and Slovak Telekom (cases C-152/19 P and C-165/19 P). The judgments provide a useful summary of the law on refusal to supply.
Ten Things To Think About When Settling Patent Litigation (Video)
UK: Ten Things To Think About When Settling Patent Litigation (Video) 29 March 2021 by Sophie Lawrance , Pat Treacy , Olivia Henry , Katie Cambrook , Edwin Bond , Helena Connors and Erik Müürsepp Bristows To print this article, all you need is to be registered or login on Mondaq.com.
Podcast: Practical Implications Of Negotiating And Drafting Patent Settlements (Video)
UK: Podcast: Practical Implications Of Negotiating And Drafting Patent Settlements (Video) 29 March 2021 by Pat Treacy and Erik Müürsepp Bristows To print this article, all you need is to be registered or login on Mondaq.com. Pat Treacy and Erik Müürsepp round up our podcast series on patent settlement agreements and competition law with a look at some practical considerations for those involved in the negotiation and drafting of patent settlement agreements.
Podcast: What Is A Value Transfer And Why Does It Matter?
UK: Podcast: What Is A Value Transfer And Why Does It Matter? 25 March 2021 by Pat Treacy and Olivia Henry Bristows To print this article, all you need is to be registered or login on Mondaq.com. Value transfers are a common feature of patent settlement agreements. For example, under a patent settlement agreement, the alleged infringer (often a generic company) may agree to pay damages and/or future royalties to the patentee (if the settlement also results in a licence).
Ten things to think about when settling patent litigation | Lexology
United Kingdom March 19 2021 Click here to watch the video. Settlement and licensing agreements have the potential to give rise to competition law risk – be aware of those from the outset and consult your in house legal team Consider how complex an agreement needs to be – the simpler the agreement, the less likely it is to give rise to competition law concerns.
As The Dust Settles For Unwired Planet, What Next?
UK: As The Dust Settles For Unwired Planet, What Next? 19 January 2021 by Pat Treacy and Naomi Hazenberg Bristows To print this article, all you need is to be registered or login on Mondaq.com. First published in IAM, November 2020: As the dust settles for Unwired Planet, what next? Pat Treacy and Naomi Hazenberg review the UK Supreme Courts judgment in the cases of Unwired Planet v Huawei and Conversant v Huawei. An eagerly awaited decision, what's next for licensors and licensees?
Podcast On Developments Relating To Component-level SEP Licensing
UK: Podcast On Developments Relating To Component-level SEP Licensing 19 January 2021 Bristows To print this article, all you need is to be registered or login on Mondaq.com. Well known blog Foss Patents which focusses on intellectual property and related competition law issues has released a podcast on developments relating to component-level SEP licencing.
As The Dust Settles After Unwired Planet, What Next?
UK: As The Dust Settles After Unwired Planet, What Next? 18 January 2021 by Pat Treacy and Naomi Hazenberg Bristows To print this article, all you need is to be registered or login on Mondaq.com. The UK Supreme Court's judgment in the combined cases of Unwired Planet v Huawei and Conversant v Huawei and ZTE has resulted in significant commentary about its confirmation that the English Courts can determine the terms of a global FRAND licence.
Podcast: The Developments Related To Component-level SEP Licensing
UK: Podcast: The Developments Related To Component-level SEP Licensing 18 January 2021 Bristows To print this article, all you need is to be registered or login on Mondaq.com. Recently Foss Patents organised a chat amongst experts on the component-level licensing of standard-essential patents (SEPs), covering the key developments surrounding the component-level licensing of SEPs in the past year.
Blockchain And Competition Law
UK: Blockchain And Competition Law 12 January 2021 by Pat Treacy and Alex Latham Bristows To print this article, all you need is to be registered or login on Mondaq.com. Pat Treacy and Alex Latham explore the main competition law issues related to blockchain technology in the latest issue of European Competition Law Review.
Analysis: UK Supreme Court Approves Global FRAND Licensing In Judgment On Unwired Planet And Conversant Appeals
UK: Analysis: UK Supreme Court Approves Global FRAND Licensing In Judgment On Unwired Planet And Conversant Appeals 07 January 2021 by Pat Treacy and Matthew Hunt Bristows To print this article, all you need is to be registered or login on Mondaq.com. On 26 August 2020, the UK Supreme Court (UKSC) handed down its judgment on the combined appeals in the Unwired Planet v Huawei and Conversant v Huawei & ZTE cases (Unwired and Conversant respectively).
Back To The Future? Does Recent Case On Common Law Restraint Of Trade Foreshadow How UK Competition Law Might Evolve?
UK: Back To The Future? Does Recent Case On Common Law Restraint Of Trade Foreshadow How UK Competition Law Might Evolve? 07 January 2021 by Pat Treacy and James Batsford Bristows To print this article, all you need is to be registered or login on Mondaq.com. In August 2020, the Supreme Court handed down its ruling in Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd.
A Changing FRAND Landscape?
To print this article, all you need is to be registered or login on Mondaq.com. Late 2020 has brought some important developments in the FRAND landscape in Europe. CJEU referral Earlier this year we discussed the rapid expansion of connected technologies and how this might affect SEP licensing in the automotive sector (here). A key area of tension in the connected cars debate is where in the supply chain licensing should occur.
Reform And The Future Of The Vertical Agreements Block Exemption
European Union: Reform And The Future Of The Vertical Agreements Block Exemption 22 December 2020 by Pat Treacy and Sophie Lawrance Bristows To print this article, all you need is to be registered or login on Mondaq.com.
As the dust settles after Unwired Planet, what next?
08 Nov 2020 @IAM_magazine RT @davidalim: PhRMA weighs in on the election. https://t.co/yusrk47jMC Read more 08 Nov 2020 @IAM_magazine RT @ChrisCoons: I’ve known Joe for 30 years.
As the dust settles after Unwired Planet, what next?
The UK Supreme Court’s landmark decision was eagerly awaited by SEP owners and implementers around the world, but as they digest the ruling there is still much for licensors and licensees to consider. Returning user? Enter your details below to log into your account. E-Mail Address: Password: I am not on a shared computer, please remember me for my next visit. Want to read more? Register to access two of our subscriber only articles per month.
FRAND licensing - Competition Law Insight
The Unwired Planet appeal and future issues by Pat Treacy and Matthew Hunt* 2018-12-18 00:00:00.0 On 23 October 2018, the Court of Appeal handed down its judgment on Huawei’s appeal of Unwired Planet v Huawei, the ground-breaking High Court decision on FRAND licensing of standard essential patents (“SEPs”). This article provides a summary of the Court of Appeal’s decision and considers its implications.
What every SEP owner and licensee needs to know about the Unwired Planet decision
On 23rd October 2018, the Court of Appeal in London gave its judgment in Unwired Planet v Huawei. In a detailed 291-paragraph ruling, the court dismissed Huawei’s appeal and Unwired Planet’s (UP) cross-appeal, upholding Mr Justice Birss’s first instance decision on all substantive points except one. UP’s business is patent licensing. In 2013 it acquired over 2,000 SEPs from Ericsson and just over a year later sued Huawei and others in the English High Court for patent infringement.
Boundary issues - Competition Law Insight
There are often tensions at the crossover between intellectual property (IP) and competition law.
The chips are down! The Commission fines Qualcomm for abuse of dominance | Lexology
The Commission has fined Qualcomm €997 million for abuse of dominance. The Commission found that Qualcomm had paid Apple to use only Qualcomm LTE baseband chips in its smartphones and tablet devices (see here) and that this was exclusionary and anti-competitive.
In a froth: Trademark licensing fails to disguise anti-competitive market sharing arrangement
The CMA has today issued a £1.71m fine against two laundry companies for market sharing. Micronclean Limited was fined £510,118 and Berendsen Cleanroom Services Limited was liable for £1,197,956. The companies both specialise in laundering clothes worn in ‘cleanrooms’. These are highly sterile environments, with meticulous rules on the cleanliness of equipment and clothing, which are vital in the manufacture of pharmaceuticals and medical devices.
Unwired Planet v Huawei: a new FRAND injunction
Mr Justice Birss has once again broken new legal ground by granting what he has termed a ‘FRAND injunction in Unwired Planet v Huawei. As a reminder, in April Mr Justice Birss handed down the first UK court decision determining a FRAND royalty rate (see here). A post-judgment hearing took place in May to establish whether or not Huawei should be subject to an injunction in the UK and the issue of permission to appeal.
Apple’s battle with Qualcomm spreads to the UK
On 19 May 2017 Apple issued a major claim against Qualcomm in the English Court. This is part of a widely reported global dispute between the two giants. The English action includes an Article 102 abuse of dominance claim as well as a FRAND licensing claim and was issued just a month after the English Court’s first FRAND valuation in Unwired Planet v Huawei (Bristows’ blog post here and here). The particulars of the claim are now available and make fascinating reading.
Central to economic policy
The way in which competition enforcers in Europe approach the interrelationship between intellectual property (IP) and competition law, and the perceived importance of that relationship for innovation, has changed enormously over the last 30 years. In the UK, we are a long way from the approach adopted under the Restrictive Trade Practices Act 1976 (replaced by the Competition Act 1998 less than 20 years ago).
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