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Articles 1 - 9 of 9
Full-Text Articles in Law
Tcl V. Ericsson: The First Major U.S. Top-Down Frand Royalty Decision, Jorge L. Contreras
Tcl V. Ericsson: The First Major U.S. Top-Down Frand Royalty Decision, Jorge L. Contreras
Utah Law Faculty Scholarship
On December 21, 2017, the U.S. District Court for the Central District of California released its long awaited Memorandum of Findings of Fact and Conclusions of Law in TCL Communications v. Ericsson. In a lengthy and carefully crafted decision, Judge James Selna sets forth some important new points regarding the calculation of fair, reasonable and non-discriminatory (FRAND) royalties for standardsessential patents (SEPs). Among other things, the decision offers a strong endorsement of “top down” methodologies for the calculation of SEP royalties, and makes significant use of the non-discrimination (ND) prong of the FRAND commitment in arriving at a FRAND royalty …
Eu Sep Communication Summary And Commentary - Tilec 2nd Conference On Competition, Standardization And Innovation, Jorge L. Contreras
Eu Sep Communication Summary And Commentary - Tilec 2nd Conference On Competition, Standardization And Innovation, Jorge L. Contreras
Utah Law Faculty Scholarship
These slides briefly summarize the main points of the European Commission's Nov. 29, 2017 Communication on Standards Essential Patents (SEPs)
The Anti-Suit Injunction - A Transnational Remedy For Multi-Jurisdictional Sep Litigation, Jorge L. Contreras, Michael A. Eixenberger
The Anti-Suit Injunction - A Transnational Remedy For Multi-Jurisdictional Sep Litigation, Jorge L. Contreras, Michael A. Eixenberger
Utah Law Faculty Scholarship
Litigation concerning standards-essential patents (SEPs) has become increasingly global, with parallel litigation occurring over the same issues in multiple jurisdictions throughout North America, Europe and Asia. As a result, litigants have sought mechanisms to coordinate these actions both to manage costs and to avoid inconsistent and incompatible results. One little-known procedural mechanism that has long been available to manage multi-jurisdictional litigation, and which is growing in popularity in SEP disputes, is the anti-suit injunction.
An anti-suit injunction is an interlocutory remedy issued by a court in one jurisdiction which prohibits a litigant from initiating or continuing parallel litigation in another …
Reform Or Ruin? Proposals To Amend Section 101, Jorge L. Contreras
Reform Or Ruin? Proposals To Amend Section 101, Jorge L. Contreras
Utah Law Faculty Scholarship
No abstract provided.
A New Perspective On Frand Royalties: Unwired Planet V. Huawei, Jorge L. Contreras
A New Perspective On Frand Royalties: Unwired Planet V. Huawei, Jorge L. Contreras
Utah Law Faculty Scholarship
In Unwired Planet v. Huawei, Mister Justice Colin Birss of the UK High Court of Justice (Patents) has issued a detailed and illuminating opinion regarding the assessment of royalties on standards-essential patents (SEPs) that are subject to FRAND (fair, reasonable and non-discriminatory) licensing commitments. Among the important and potentially controversial rulings in the case are: (1) there is but a single FRAND royalty rate applicable to any given set of SEPs and circumstances, (2) neither a breach of contract nor a competition claim for abuse of dominance will succeed unless a SEP holder’s offer is significantly above the true FRAND …
Essentiality And Standards-Essential Patents, Jorge L. Contreras
Essentiality And Standards-Essential Patents, Jorge L. Contreras
Utah Law Faculty Scholarship
As creatures of policy language, different SDO definitions of essentiality must be given interpretive deference. Nevertheless, as scholarship and case law in this area expands, a number of common themes emerge in the interpretation of essentiality requirements. One such theme is the economic equation of essentiality with non-substitutability that has arisen in the context of patent pools. Another is the blurred divide between commercial and technical essentiality. A third is the practical necessity of assessing essentiality when hundreds of potentially essential patent claims are at issue. These issues, coupled with the recognized phenomenon of over-declaration, suggests that more efficient, rapid …
Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff
Solar Climate Engineering And Intellectual Property: Toward A Research Commons, Jorge L. Contreras, Jesse L. Reynolds, Joshua D. Sarnoff
Utah Law Faculty Scholarship
Climate change is one of the greatest challenges confronting society today. Solar climate engineering (SCE) has the potential to reduce climate risks substantially. This controversial technology would make the earth more reflective in order to counteract global warming. Though the science of SCE is still in its infancy, SCE research and development should proceed in a coordinated, responsible, and expeditious fashion. However, the role of patents, research data, and trade secrets in SCE research remains unclear and contested. To this end, this article identifies concerns that may arise through the acquisition of intellectual property rights in SCE and proposes the …
The Conflation Of Patent Eligibility And Obviousness: Alice's Substitution Of Section 103, Paxton M. Lewis
The Conflation Of Patent Eligibility And Obviousness: Alice's Substitution Of Section 103, Paxton M. Lewis
Utah OnLaw: The Utah Law Review Online Supplement
Since the birth of the abstract ideas concept, the judiciary has struggled to define abstract idea and analyze what is patentable under this exception to Section 101. The Supreme Court’s decision in Alice has not clarified the complexities that have arisen from the abstract ideas category. Instead, it falls in line with the warnings of the dissent in Flook, where Justice Stewart advises against the majority’s use of “inventive application” because it conflates the Section 101 and Section 103 inquiries. In order to avoid such conflation, the Alice framework cannot be adopted. Step one of the framework should be …
National Disparities And Standards-Essential Patents: Considerations For India, Jorge L. Contreras
National Disparities And Standards-Essential Patents: Considerations For India, Jorge L. Contreras
Utah Law Faculty Scholarship
Patents on standardized technologies are being issued with increasing frequency, and the majority of these patents are held by large multinational firms based in developed economies. As a result, firms from less-developed economies with sparse patent holdings are disadvantaged in both domestic and foreign markets. While protectionist governmental policies can address these disparities, such measures are potentially contrary to international treaty obligations and generally unsuccessful in the long term. An alternative approach involves greater participation in international SSOs by firms from less-developed economies. This increased participation is likely to benefit such firms both in terms of technology development, strengthening of …