Next week EIP is hosting a roundtable breakfast discussion on 'Understanding the impact of the EU Copyright Directive on US businesses'.
The discussion will address recent developments in Copyright law in the European Union, especially Article 17, and provide an opportunity to discuss its impact on your business and how to prepare for its national implementation.
The event is co-sponsored by the UK's Department for International Trade, EIP and Fieldfisher.
The event will take place on Tuesday 22nd January in West Hollywood. If you would like to attend please contact email@example.com.
EIP secured a significant victory for its client Conversant Wireless Licensing S.à r.l. (Conversant) in its longstanding mobile telecommunications Standard Essential Patent (SEP) dispute against Huawei and ZTE at the High Court.
In the judgment, handed down on 8 January 2020 by Mr Justice Birss, the court determined that claims of two of Conversant’s European patents, EP (UK) 1,878,177 and EP (UK) 3,267,722, were valid and essential to the LTE standard. These patents are thereby infringed, in the UK, by Huawei and ZTE mobile devices operating in accordance with the LTE standard.
The technology underlying these two patents facilitates high data rates in a mobile telecommunications network and is deployed in the semi-persistent scheduling (SPS) feature of LTE to which the patents have been found essential.
Conversant is also asking the court to declare that it has made a fair, reasonable and non-discriminatory (FRAND) offer to license its SEP portfolio to each defendant, or alternatively to determine the terms for a FRAND license to each defendant. The FRAND trial is scheduled for April 2020, pending the judgement of a jurisdictional appeal by Huawei and ZTE to the Supreme Court.
Robert Lundie Smith, the partner who led the EIP team, said:
“We are delighted to have been able to work with and represent Conversant in proving the validity, essentiality and thereby infringement of two of its LTE patents. This judgment represents a major victory in a long-standing dispute over payment for the use of Conversant’s portfolio of standard essential telecoms patents. It is a significant step forward for Conversant in its wider dispute with Huawei and ZTE and paves the way to the High Court now considering the FRAND licence fees due to Conversant by both Huawei and ZTE.
Boris Teksler, Conversant CEO, said:
“We are very pleased with the judgement today. This confirms the strength of the Conversant Wireless portfolio. We look forward to a positive judgement from the UK Supreme Court and the upcoming FRAND trial.”
The EIP team comprised Robert Lundie Smith, Jerome Spaargaren, Heather McCann, Sunny Bansal, Joanne Welch, Myra Sae-Heng and Owen Waugh. Counsel for Conversant were Tom Moody-Stuart Q.C., James Whyte and Charles Brabin.
Four EIP associates have been recognised among the UK’s up-and-coming IP practitioners.
Patent attorneys Tim Belcher, Gemma Wooden, Felix Hall and solicitor Catherine Howell, have been ranked as “Rising Stars” in the 2019 edition of IP Stars, published by Managing Intellectual Property Magazine.
Rising Stars are those below partner level who are expected to become prominent practitioners in the future in their firm and jurisdiction.
Individuals are selected based upon information submitted by firms, together with recommendations received from clients and feedback from the wider IP market.
EIP has been described as “a role model for how to develop a mixed patent practice” in the first ranking of leading UK IP firms published by Juve.
Three partners were ranked as “recommended individuals” – Gary Moss, Jerome Spaargaren and Darren Smyth.
EIP success in “two precedent cases for Unwired Planet and Conversant concerning FRAND” was highlighted, with researchers commenting “these are particularly significant with the European patent community currently looking to the UK Supreme Court for an indication as to how London patent courts will rule on global licences.”
Juve has analysed and ranked the German patent market for 20 years and for its first ranking of UK firms, gathered almost 1,400 individual recommendations from attorneys working in private practice and in-house, obtained data from 100 firms and conducted 40 research meetings with barristers, law firms and patent attorney firms.
As EU member states grapple with the implementation of the new EU copyright directive, solicitor Jack Dickerson considers what can be done to avoid falling foul of Articles 15 and 17, in this article in the December/January issue of Intellectual Property Magazine.