Standard Essential Patents in Europe

Standard Essential Patents in Europe

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This session will focus on high-profile cases, news and events from the United Kingdom, Germany and elsewhere across Europe.

Hotly contested issues include a concept of a “willing licensee”, what constitutes a FRAND offer by a standard essential patent (SEP) holder, a forum for establishing terms and conditions of a global license in a SEP-related dispute, an appropriate body tasked with essentiality checks, definitions of hold-up and hold-out, and many others.

On the policy side, in January 2021, after two years of debate, the EU Group of Experts on Standard Essential Patents issued the Report focused on SEP licensing and particularly on a level of the value chain of a product at which licenses should be granted. More recently, in 2022, the European Commission accepted submissions from the public regarding a new European Union’s SEP and competition law framework, where a reform is planned in 2023. A similar consultation was also held in the UK. All of which will be discussed by the panel.

Materials

Huawei v. ZTE, ([2015] EUECJ C-170/13)

Unwired Planet v Huawei  (UKSC 37, [2020])

Optis v Apple  ([2022] EWCA Civ 1411)

European Commission: Group of Experts on Licensing and Valuation oof SEPs

European Commission: New Framework for Standard Essential Patents

Gov.UK: Standard Essential Patents and Innovation: Call for Views

* A Note on Materials: We apply for MCLE in Virginia, as well as other jurisdictions (see the MCLE tab in the navigation bar above). MCLE regulations require substantive writing on the topic covered during the presentation. The materials provided, often published by IPWatchdog.com authors and contributors, relate to the topic but are not intended to pigeon-hole guest speakers in any way. They are intended to be informative and elucidate the issues that will be discussed, although not necessarily represent the point of view that will be taken by any particular panelist. To date the articles we have selected have always been sufficient to satisfy MCLE authorities.