The following IP practice note Produced in partnership with Olivia Henry of Bristows, Matthew Hunt of Bristows, Luke Maunder of Bristows and Pat Treacy of Bristows provides comprehensive and up to date legal information covering:
This Practice Note addresses the role played by standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing in patent litigation before the Courts of England and Wales (the English Courts). In particular, this Practice Note considers the legal landscape following the UK Supreme Court decision handed down on 26 August 2020 in the conjoined Unwired Planet and Conversant appeals and the practical implications of this decision. For further information, see News Analysis: Supreme Court—English courts can determine terms of global licences for portfolios of standard essential patents (Unwired Planet v Huawei).
This Practice Note does not seek to provide a detailed analysis of all the potential competition law issues that may arise in SEP licensing and litigation (in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) and their domestic equivalents, Chapters I and II of the Competition Act 1998). However, where appropriate, reference is made to the competition policy backdrop to the FRAND commitment, including the Court of Justice’s decision in Huawei v ZTE and the European Commission Communication on Standard Essential Patents published in November 2017 (the 2017 Commission Communication). The Commission also published a further Communication setting out an EU action plan for IP more generally on 25 November 2020, which addresses briefly potential future EU developments in the SEP space.
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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