JK Muthu

A landmark UK judgment establishing that internet service providers (ISPs) can be ordered by courts to block websites selling counterfeit goods. Summary Cartier, the luxury brand, discovered that several websites were selling counterfeit Cartier jewellery and watches. Since the operators of the infringing websites were located overseas and difficult to identify or prosecute, Cartier sought an order against major UK Internet Service Providers (including Sky, BT, Virgin Media) to block access...

“FRAND obligations apply equally — an implementer must show genuine willingness to take a licence.” Short Description This landmark German decision refined the legal test for determining whether an implementer of Standard-Essential Patents (SEPs) is a willing licensee under the FRAND framework. Sisvel, a major SEP holder, accused Haier of infringing several patents essential to wireless communication standards. Haier argued that Sisvel did not offer FRAND terms. The German Federal Court of...

“Courts can determine global FRAND terms when standard-essential patents are used worldwide.” Short Description This case, decided alongside Unwired Planet, reaffirmed that UK courts hold jurisdiction to set global FRAND licensing terms for Standard-Essential Patents (SEPs). Conversant, a licensing company owning a large SEP portfolio, sought a global licence from Huawei and ZTE. The implementers resisted, arguing the UK had no authority to impose worldwide terms. The Supreme Court rejected...