Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Category Archives: Antitrust

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Ninth Circuit punts on preliminary injunction that precludes LSI from enforcing any exclusion order (Realtek v. LSI)

Posted in Antitrust, District Courts, Litigation
Well that didn’t take long — yesterday the Ninth Circuit dismissed LSI’s appeal from Judge Whyte’s preliminary injunction that enjoined LSI from seeking to enforce any exclusion order entered by the ITC on the standard essential patents at issue in the district court litigation before LSI first offered a RAND license to Realtek.  Our March 13, … Continue Reading

SawStop sues power tool makers because its patented technology was not adopted into UL safety standard

Posted in Antitrust, Complaints, District Courts, Litigation
As a reminder that standard essential patent issues go beyond information technology, last week SawStop LLC sued manufacturers of table saws alleging that they conspired to convince Underwriters Laboratories, Inc. (“UL”) to not adopt SawStop’s patented table saw safety technology into UL standard 987 (Stationary and Fixed Electric Tools) and to adopt a different technology that required … Continue Reading

U.S. Dept. of Justice closes investigation of Samsung’s assertion of standard essential patents

Posted in Antitrust, Federal Trade Commission, Uncategorized
On Friday, the U.S. Department of Justice (“DOJ”) announced that it was closing its investigation into Samsung’s use of standard essential patents, which investigation had “focused on Samsung’s attempts to use its SEPs to obtain exclusion orders from the [ITC] relating to certain iPhone and iPad models.”  DOJ stated that further investigation was no longer … Continue Reading

Competition Commission of India initiates another investigation of Ericsson’s licensing of FRAND committed cellular patents

Posted in Antitrust, Miscellaneous, Uncategorized
In an order dated January 16, 2014, the Competition Commission of India (“CCI”) ordered another investigation into Ericsson’s licensing of cellular patents that are subject to FRAND obligations, which investigation will parallel a similar investigation of Ericsson that CCI ordered on November 12, 2013 (discussed in our prior post).  The rationale for this new investigation, requested by Intex … Continue Reading

Second Circuit argument today on dismissal of RAND/antitrust dispute based on foreign activity

Posted in Antitrust, Appeals, Federal Trade Commission, Litigation
Today, the Second Circuit will hear argument in an important case on the extent that foreign injury (reduced foreign sales and closure of foreign plants) arising from foreign RAND breaches can have remedy in the U.S. based on their impact on U.S. commerce.  The case, Lotes Co., Ltd. V. Hon Hai Precision Industry Co., Ltd., … Continue Reading

European Commission seeks comments on Samsung’s proposal to limit seeking injunctions on standard essential patents

Posted in Antitrust, Miscellaneous, Uncategorized
Yesterday the European Commission started soliciting public comments on Samsung’s proposed commitment that, during the next five years, Samsung would not seek injunctive relief within the European Economic Area (EEA) on standard essential patents (SEPs) in the field of mobile communications against companies that agree to a particular framework for determining fair, reasonable and non-discriminatory (FRAND) licensing … Continue Reading

Senate Judiciary Committee holds hearing on standard-essential patents and antitrust

Posted in Antitrust, Miscellaneous
Today, we attended a hearing held on Capitol Hill by the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy, and Consumer Rights regarding standard-essential patents.  The hearing, titled “Standard Essential Patent Disputes and Antitrust Law,” featured testimony from four witnesses from diverse SEP-related backgrounds. A. Douglas Melamed, Senior Vice President & General Counsel, Intel Corp. Donald J. … Continue Reading

Apple files opening appellate brief in second Motorola/FRAND-related Federal Circuit appeal

Posted in Antitrust, Appeals, Litigation
Last week, we noted that the Federal Circuit will hold a September 11 oral argument in Apple and Motorola’s appeals of Judge Posner’s June 2012 decision to dismiss the parties’ competing infringement suits.  The “Posner appeal” will provide the Federal Circuit with the opportunity to weigh in on SEP issues in a patent infringement context, … Continue Reading

Senate Judiciary Committee to hold July 30 hearing on standard-essential patents and antitrust law

Posted in Antitrust, Miscellaneous
Patent assertions by non-practicing entities have been garnering much of the patent-related attention on Capitol Hill, but standard-essential patents are also in the mix.  Next week, the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy, and Consumer Rights is scheduled to have a hearing on “Standard Essential Patent Disputes and Antitrust Law.”  The hearing is … Continue Reading

FTC finalizes settlement in Google/Motorola Mobility SEP case

Posted in Antitrust, Miscellaneous
Today, the Federal Trade Commission announced that it has approved a modified final order that settles its investigation into Motorola Mobility’s alleged anti-competitive practices surrounding its standard-essential patent licensing and enforcement program (for more background, see our original post on the case).  Here’s the Commission’s final decision and order, as well as a final version … Continue Reading

American Antitrust Institute calls on FTC, DOJ to force standard-setting organizations to adopt more stringent patent policies

Posted in Antitrust, Federal Trade Commission, Miscellaneous
Late last week, the American Antitrust Institute submitted a very interesting petition to the U.S. Dept. of Justice and the Federal Trade Commission.  In the petition, which is titled “Request for Joint Enforcement Guidelines on the Patent Policies of Standard Setting Organizations,” the AAI urges these agencies to step up their enforcement of the antitrust … Continue Reading

Court dismisses USB-related antitrust and RAND licensing claims brought against Foxconn (Lotes v. Hon Hai)

Posted in Antitrust, Court Orders, District Courts, Litigation
A few months ago, we took note of a dispute in the Southern District of New York between two foreign makers of Universal Serial Bus (USB) products — Lotes and Hon Hai/Foxconn.  You can read our prior post for more background on the dispute, but in summary, Lotes accused Foxconn of reneging on licensing commitments that … Continue Reading

European Commission sends preliminary Statement of Objections to Motorola, finding potential SEP-related antitrust violation

Posted in Antitrust, Miscellaneous
We generally focus on U.S.-specific standard-essential patent issues here at the Essential Patent Blog, but often there are some international developments that are worth noting.  Today brings us one of those, as the European Commission announced that it has sent a Statement of Objections to Motorola Mobility as part of its investigation into Motorola’s potential misuse of … Continue Reading

Upcoming IPO webinar on standard-essential patents and FTC-Google consent decree features Dow Lohnes’s David Long

Posted in Antitrust, Federal Trade Commission, Miscellaneous
On March 5, 2013 at 2:00pm, the Intellectual Property Owners Association is holding a webinar to discuss the potential implications that the FTC-Google consent decree may have on the world of standard-essential patents.  The webinar is taking place as part of of IPO’s weekly IP Chat Channel series.  David W. Long, a member of Dow … Continue Reading

Antitrust Deputy Assistant AG’s speech may foreshadow increased DOJ enforcement activities relating to standard-essential patents

Posted in Antitrust, Miscellaneous
It’s no secret that government agencies in the United States and abroad are paying more attention to standard-essential patent issues.  More evidence of this trend came this past Friday, when Deputy Assistant Attorney General Renata B. Hesse of the Antitrust Division of the U.S. Department of Justice delivered a speech at the Global Competition Review … Continue Reading

Innovatio Update: Wi-Fi manufacturers’ RICO, unfair competition claims targeting Innovatio rejected, but RAND issues remain

Posted in Antitrust, Court Orders, District Courts, Litigation, Non-Practicing Entities
We’ve previously discussed the wide-ranging assertion activities of Innovatio IP Ventures LLC, a non-practicing entity that has targeted thousands of companies across the country over patents related to the IEEE 802.11 wireless networking (Wi-Fi) standard.  And due to an amended complaint filed in October 2012 by Motorola Solutions, Cisco, and Netgear in the Northern District … Continue Reading

American Antitrust Institute supports USPTO’s proposal for requiring more patent ownership transparency

Posted in Antitrust, Miscellaneous, Non-Practicing Entities
In a letter sent to the U.S. Patent & Trademark Office late last week,  the American Antitrust Institute expressed its approval of the USPTO’s plan to implements rules requiring patent holders to provide more transparency regarding ownership interests in patents and patent applications.  The AAI’s letter claims that, among other considerations, these transparency provisions would have positive effect on … Continue Reading

A RANDom glance abroad: German Patent Courts and the “Orange Book” defense

Posted in Antitrust, Litigation
While much of the attention over standard-essential patent litigation focuses on disputes taking place in the United States, the U.S. is not the only venue seeing these showdowns.  SEP-related issues have also arisen in Australia, in Korea, and in Europe (both in the courts and in European Commission investigations).  The courts in Germany — which … Continue Reading

FTC invites public to comment on consent agreement with Google/Motorola Mobility

Posted in Antitrust, Federal Trade Commission
Today, a notice and request was published in the Federal Register, inviting the public to comment on the FTC’s proposed consent agreement with Google and Motorola Mobility in FTC File No. 121-0120.  This proposed consent agreement would close the FTC’s investigation into certain Google/Motorola Mobility business practices concerning licensing and assertion of standard-essential patents that Motorola previously agreed … Continue Reading

A dissenting voice from the FTC/Google consent agreement

Posted in Antitrust, Federal Trade Commission
Lost in the all of the publicity surrounding the FTC’s consent decree that ended its investigation of Google and Motorola Mobility yesterday is the fact that while the FTC’s decision not to proceed with action against Google for its search practices was unanimous, its decision to issue a complaint and order relating to Google’s enforcement … Continue Reading

Google agrees to forego seeking injunctive relief for SEP infringement as part of FTC settlement

Posted in Antitrust, Complaints, Federal Trade Commission
In a press conference that took place at 1pm Eastern time today, the United States Federal Trade Commission announced that it has entered into a consent decree with Google in which Google agreed to forego seeking injunctive relief as a remedy for infringement of SEPs that have been pledged to be licensed on RAND terms. … Continue Reading