On 4 January 2018, the Shenzhen Intermediate People’s Court (Court) rendered a landmark judgment in the Huawei v. Samsung standard essential patent (SEP) case that is expected to reshape dynamics between SEP licensors and licensees. On 21 March 2018, the Court released the non-confidential version of its judgment to the public. The Court ruled in…

On 26 April 2018, the High People’s Court of Guangdong Province – home to many Chinese high-tech companies – issued the Working Guidelines on the Trial of Standard Essential Patent Disputes (Trial Implementation) (“Guidelines”). The Guidelines propose a holistic set of rules that consolidate some international practices on litigation issues related to the licensing of…

Standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing terms remain hotly debated topics within antitrust circles as regulators around the world stake out their positions. In November 2017, the European Commission (the Commission) published its Communication on the EU approach to Standard Essential Patents (SEPs) (the Communication).[1]  It sets out a general,…

This case relates to the interplay between EU competition law and the pharmaceutical regulatory regime. It arose in the context of an arrangement in which Genentech licensed Bevacizumab to one company in the field of Ophthalmology (‘Lucentis’) and to another company for the treatment of cancers (‘Avastin’). There was a delay in obtaining an MA…

The views expressed are exclusively the authors and do not necessarily reflect the opinion of CADE. I. Introduction The Brazilian Competition Authority (known as “CADE” – Conselho Administrativo de Defesa Econômica) is currently analyzing a landmark case regarding the interface between competition law and intellectual property (IP). The case is known as “Anfape” (acronym for…

I. INTRODUCTION In June 2015, Canada’s Competition Bureau released its updated draft of the Intellectual Property Enforcement Guidelines (“Draft IPEGs”) for public review and consultation. The Draft IPEGs are intended to reflect the 2009 amendments to the Competition Act (the “Act”), including the changes to the criminal conspiracy provisions and the introduction of a new…

On 11 December 2014 Google announced that it would be closing down Google News in Spain.  The decision came after the introduction of new copyright legislation supported by the Association of Editors of Spanish Dailies (AEDE) that forces all Spanish news publishers to charge aggregators like Google News for showing short extracts of text from…

Pushing people around is the flavour of the month right now. Indeed, both companies and regulators seem to be going in for it. Take the music industry, for instance. The US entertainment giant AEG has just bought up the rights for the Wembley Arena, previously owned by that other humungous US impresario, Live Nation. AEG…

There have been two key recent developments in the U.S. relating to the legal dispute over patent settlements including so-called “reverse payments.” First, the U.S. Supreme Court has agreed to review an Eleventh Circuit decision dismissing a case brought by the Federal Trade Commission (FTC) challenging a patent settlement.  Second, a district court in New…

On 16 July 2012, a U.S. appeals court issued a decision holding that pharmaceutical patent settlements that restrict generic entry and contain a payment to the generic company are presumptively unlawful under the U.S. antitrust laws.  The decision is a major victory for the U.S. Federal Trade Commission’s view of pharmaceutical patent settlements with so-called…