High Court rules in favour of the SEP holder and narrows the scope of competition law defence in Unwired Planet vs. Huawei

On 5 April 2017 the High Court of Justice of England and Wales (Hon. Justice Birss) issued its long awaited judgment in the patent dispute between Unwired Planet and Huawei. The ruling is of high relevance, as it is the first decision adopted by a judge in the UK after the CJEU’s judgment in Huawei.

The facts

The trial began in March 2014 when Unwired Planet sued Google, Huawei and Samsung for infringement of five SEPs (and one non-essential patent). Later, Unwired Planet settled with Google and Samsung. Continue reading “High Court rules in favour of the SEP holder and narrows the scope of competition law defence in Unwired Planet vs. Huawei”

IP issues in the telecom industry – An interview with Matteo Sabattini

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The telecommunication industry has experienced a rapid and constant growth over the years. Now the 5G technology and the “Internet of Things” are behind the corner, but a number of legal and regulatory issues are being discussed.  We talk about this and much more with Matteo Sabattini, expert in IP-related matters (for his complete bio, scroll down).

Good morning Dr. Sabattini. What’s the weather like today in Washington DC?

Earlier today, it was snowing. Light flurries. Quite unexpected considering that yesterday we had temperatures close to 20 degrees Celsius and spring weather conditions!

Today you are a patent and technology policy expert. What led you into this field? As a student, did you expect to work in this field?

In college, I was passionate about technology and engineering. I had initially envisioned myself as a researcher, an academic or an R&D engineer. And, in fact, that is what I did after I graduated and what pushed me to get a Ph.D. in Electrical Engineering. I got into IP with an internship at a consulting firm in Boston. While I was growing frustrated with the pace and the often-challenging industrial applicability of academic research, I enjoyed the diversity that working on patents gave me. I was learning quickly and eagerly about a new field, where I could still use my technical skills in a much more applied fashion. Through the years, as I was learning more about IP, I gradually moved from pure technical support to business and commercial aspects of the business. Continue reading “IP issues in the telecom industry – An interview with Matteo Sabattini”

A recent case in China concerning the Patent Office’s burden to prove common knowledge in patent examination

common-knowledge

To determine whether an invention involves an inventive step, the Chinese Patent Office’s Guidelines for Patent Examination (the “Guidelines”) require the patent examiner, inter alia, to make a judgment, starting from the closest prior art and the technical problem actually solved by the invention, as to whether or not the claimed technical solution is obvious to a person skilled in the art in the light of relevant reference documents and common knowledge. As the Guidelines do not give a strict definition of “common knowledge” and, in practice, the examiner is not required to prove common knowledge when he/she first introduces it, what should be qualified as common knowledge in a particular case often becomes a subject of dispute.

Recently, the Beijing IP Court handed down a decision (No. 3495 [2015]) resolving such a dispute. In its decision, the Court reaffirmed the Patent Reexamination Board (PRB)’s burden to state reasons or provide corresponding evidence for proof, if the interested party has objections to the common knowledge introduced by it. The Court further clarified the relationship between the 3GPP (a telecommunications industry collaboration that organizes several important standards from GSM through UMTS and LTE to 5G) standards documents and common knowledge, considering the increasing frequency of these documents being cited as prior art in telecommunications area. Continue reading “A recent case in China concerning the Patent Office’s burden to prove common knowledge in patent examination”