This decision of the UK High Court relates to the expected standard of behaviour of a Standard Essential Patent (SEP) holder and a potential licensee involved in a patent dispute, and considers the opposing arguments put forward by Optis and Unwired Planet (as patentee) and Apple (as defendant) seeking to determine the correct approach to […]
Telecommunications, Broadcasting & Standards
We know cost efficiency is important and will develop a strategy to suit you and your budget, taking account of whether the invention is standards related.
The telecoms and broadcasting field covers inventions in any aspect of the communication chain, from the initial generation of an audio video signal, to processing for efficient and robust transmission, reception in environments that may be imperfect, and presentation to end users.
A problem faced by many in this sector is determining if an invention is standards related. Whether an invention is essential to a particular standard has a big impact on both how and where a patent should be progressed. A very narrow patent covering an invention that is definitely within a standard provides strong protection along with certainty of infringement. If an invention is not standards specific broader protection may be appropriate.
Telecommunications, Broadcasting & Standards team
Our clients in this area include a public service broadcaster, an US global semiconductor company that designs and markets wireless telecommunications products and services, a UK provider of carousel creation and play-out systems for digital terrestrial television, a US wireless handset chip supplier and an US direct-broadcast satellite service provider.
We have experience of drafting, filing and progressing patent applications in all aspects of the broadcast and transmission chain. We take the common sense approach to filing. We know cost efficiency is important and will develop a strategy to suit you and your budget. In some cases, it can be sufficient to file in a very small number of countries, typically the US and Europe and to try to obtain speedy protection in at least one country. Whilst such an approach would not allow licensing in all countries, it remains an effective strategy since many inventions will often be sold worldwide in the same form, or not at all. A patent in at least one major jurisdiction can therefore become a strong bargaining tool to use either offensively or defensively.
Where an invention is standards specific it is important to understand the countries in which a standard is likely to be adopted when looking at filing strategies. Notably, for one client in the broadcasting sector, we analysed the cost to file and progress a patent application for the first three years in around thirty jurisdictions to assist the client in deciding where to file. Our analysis took into account their own calculation of the potential market size and the revenue per unit in each country for a standards essential patent.
We also take care to draft the claims of your patent to take account of the international nature of the communication chain and advise on filing strategy. Broadcast and telecoms signals do not always stop at country boundaries and infringing activity may be partly in one jurisdiction and partly in another. Our experience has shown it is usually possible to obtain protection for both transmitter side and receiver side activity so as to ensure that it is possible to enforce the patent in at least one jurisdiction.