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Category Archives: Appeals

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Patent Case: Supreme Court to review appellate standard for reviewing district court claim construction (Teva v. Sandoz)

Posted in Appeals, Litigation, Patent Alerts
Today, in Teva Pharmaceuticals v. Sandoz, Inc., the U.S. Supreme Court granted the petition seeking review of the Federal Circuit’s de novo standard of review of a district court’s claim construction ruling.  Teva phrased the question presented as follows: QUESTION PRESENTED Rule 52(a) of the Federal Rules of Civil Procedure provides that in matters tried … Continue Reading

Qualcomm and Nokia submit amici curiae briefs to the Federal Circuit in Ericsson v. D-Link appeal

Posted in Appeals
Qualcomm and Nokia weighed-in on the Ericsson v. D-Link appeal yesterday, each filing amici curiae briefs with the Federal Circuit.  The parties’ positions favored the patent owner, though each adopted different approaches to the issues on appeal.  Qualcomm focused on the fact-specific contractual nature of RAND commitments that patent owners rely on based on an … Continue Reading

Judge Whyte schedules permanent injunction and post-trial motion hearing (Realtek v. LSI)

Posted in Appeals, Court Orders, District Courts, Litigation
Yesterday Judge Whyte entered a post-trial scheduling order setting briefing and hearing dates for post-trial motions as well as Realtek’s request to permanently enjoin LSI “from enforcing, or seeking to enforce, any exclusion order or injunction that Defendants [LSI] might obtain with regard with regard to the ’958 and ’856 patents [LSI's WiFi SEPs at … Continue Reading

Patent Case: Federal Circuit denies mandamus in two cases seeking transfer of patent assertion entity cases

Posted in Appeals, Court Orders, Litigation, Non-Practicing Entities, Patent Alerts
Yesterday, in two separate precedential decisions on mandamus, the Federal Circuit refused to overturn the district courts’ decisions not to transfer patent assertion entity cases to the defendants’ home forum: In re Apple, Misc. 13-156 (mandamus from E.D. Tex.) and In re Barnes Noble, Misc. 13-162 (mandamus from W.D. Tenn.).  Both mandamus orders were decided by the … Continue Reading

ITC issues public version of prior opinion that no valid Interdigital 3G patent infringed (Inv. No. 337-TA-800)

Posted in Appeals, International Trade Commission, Litigation, Non-Practicing Entities, Uncategorized
Last week the U.S. International Trade Commission issued the public version  of its decision last December that no valid claim of Interdigital’s 3G patents was infringed by Huawei, Nokia or ZTE and reserving ruling on other issues, such as on RAND obligations (see our Dec. 23,2013 post).  The ITC also gave its Federal Register notice of its decision … Continue Reading

Patent Case Alert: Divided en banc Federal Circuit maintains Cybor de novo review of claim construction (Lighting Ballast v. Philips Elec.)

Posted in Appeals, Patent Alerts
Today, in an  en banc decision in  Lighting Ballast Control LLC v. Philips Electronics, No. 2012-1014, a divided Federal Circuit maintained the Cybor de novo appellate review of claim construction standard — i.e., no required deference to  the district court’s decision — because there was insufficient reasons to depart from it under stare decisis — i.e., … Continue Reading

Cisco and Innovatio settle WiFi standard essential patent case

Posted in Appeals, District Courts, Litigation, Non-Practicing Entities
Yesterday Cisco and Innovatio filed an Agreed Motion to Dismiss with Prejudice based on settlement of their litigation involving Innovatio WiFi standard essential patents.  Cisco’s Mark Chandler issued a statement indicating that the case settled for $2.7 million, or about 3.2 cents for 85 million devices even though Judge Holderman ruled that a RAND royalty would … Continue Reading

Apple Argues SEP Issues to Federal Circuit in Samsung ITC Appeal

Posted in Appeals, International Trade Commission, Litigation
Last week, Apple filed its brief as an intervenor in the Federal Circuit appeal involving Samsung’s stymied ITC case against Apple (Inv. No. 337-TA-794).  Arguing the ITC’s finding of no violation should be affirmed with respect to the one patent-at-issue, Apple’s brief raised a number of SEP issues involving Samsung’s involvement with the IETF and the … Continue Reading

Supreme Court Rules that Burden to Show Infringement in Declaratory Judgment Action for Non-Infringement Remains with Patentee

Posted in Appeals, Court Orders, District Courts, Litigation
Today, the U.S. Supreme Court issued its opinion in Medtronic, Inv. v. Mirowski Family Ventures, LLC, unanimously reversing the Federal Circuit’s decision below and resolving two issues that are commonly disputed in the lower courts.  First, the Court held that the Federal Circuit had subject-matter jurisdiction over an appeal of an action for a declaratory judgment for … Continue Reading

Motorola and Apple Dispute Whether Apple’s FRAND Claims Should Have Been Dismissed (Apple v. Motorola, Fed. Cir. 2013-1150, -1182)

Posted in Appeals, Litigation
The parties and amicus have now finished briefing in the appeal from Judge Crabb’s ruling that dismissed Apple’s action seeking a declaration of a FRAND royalty because Apple would not agree to be bound by that ruling.  This post summarizes the parties most recent filings. First, recall that last summer we posted about Apple’s opening … 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

Supreme Court to review induced/multiple actor infringement (Limelight v. Akamai)

Posted in Appeals, Litigation, Patent Alerts, Uncategorized
Today the Supreme Court granted certiorari in Limelight v. Akamai to review the Federal Circuit’s en banc decision that induced infringement under Section 271(b) involving multiple actors — e.g., internet service provider performing some steps of a patent claim and end-customers doing final step — does not require establishing direct infringement under Section 271(a). The … Continue Reading

American Antitrust Institute Contends Georgia-Pacific Factors Are Innappropriate for RAND-Encumbered Patents (Ericsson v. D-Link, Fed. Cir.)

Posted in Appeals
Two weeks ago, we posted about non-party IEEE’s amicus curaie brief in Ericsson v. D-Link, et al., an appeal pending before the Federal Circuit.  The appeal, initiated by defendants D-Link, Dell, Acer, Gateway, Netgear and Toshiba, challenges a jury’s damage award against the defendants for infringement of plaintiff Ericsson’s patents that are claimed to be essential to the … Continue Reading

IEEE speaks-out on RAND commitments in Ericsson v. D-Link appeal (Fed. Cir. No. 2013-1625)

Posted in Appeals, Litigation, Uncategorized
Last week, on Dec. 20, the Institute of Electrical and Electronics Engineers, Inc. (IEEE) filed an amicus brief (not supporting any side) in the appeals to the Federal Circuit from the jury award and RAND rulings by Judge Leonard Davis in E.D. Tex. concerning three of Ericsson’s 802.11 Wi-Fi patents.  Our August post discussed the pre-appeal … Continue Reading

Microsoft responds that Ninth Circuit jurisdiction is law of the case in RAND dispute with Motorola (Fed. Cir. 14-1089)

Posted in Appeals, Litigation
Last week Microsoft filed a reply supporting its motion to transfer to the Ninth Circuit Motorola’s appeal of Judge Robart’s RAND ruling (see our prior posts on Microsoft’s motion and Motorola’s opposition).  Microsoft argues that the Ninth Circuit has appellate jurisdiction under law of the case, because issues of the contract action being consolidated with a patent … Continue Reading

Motorola opposes Microsoft’s motion to transfer to Ninth Circuit the appeal of Judge Robart’s RAND ruling (Fed. Cir. 14-1089)

Posted in Appeals, Complaints, Litigation, Uncategorized
Motorola has filed its opposition to Microsoft’s motion to transfer the appeal of Judge Robart’s RAND ruling from the Federal Circuit to the Ninth Circuit (see our prior blog on Microsoft’s motion).  Recall that Microsoft argued that the appealed action was a contract action, its nature did not change when that action was consolidated with a … Continue Reading

Patent Case Alert: Supreme Court to review patent eligibility of computer-implemented inventions in Alice Corp. v. CLS Bank

Posted in Appeals, Patent Alerts, Uncategorized
Today the U.S. Supreme Court granted certiorari to consider the patent eligibility of computer-implemented inventions in Alice Corp. v. CLS Bank (the docket is available from SCOTUSblog).  You may recall that a hopelessly divided en banc Federal Circuit held that the computer-implemented patent claims at issue were invalid because they were not directed to patentable subject … Continue Reading

Qualcomm and Ericsson Submit Amicus Briefs in Apple v. Motorola Judge Crabb Appeal (No. 13-1150)

Posted in Appeals, Litigation
Qualcomm and Ericsson have filed amicus briefs in the appeal of Judge Crabb’s dismissal of Apple’s declaratory judgment action that sought a court-determined FRAND royalty rate under Motorola patents, where Judge Crabb dismissed the case after Apple would not agree to be bound by that FRAND determination (see our July post). Qualcomm and Ericsson generally … Continue Reading

Fourth Circuit preserves existing U.S. patent licensing rights in bankruptcy

Posted in Appeals, Litigation, Uncategorized
Yesterday the Fourth Circuit issued a decision in Jaffe v. Samsung, et al. regarding the preservation of existing U.S. patent licensing rights that various semiconductor companies had through cross-licensing with Qimonda AG, a German semiconductor manufacturer going through bankruptcy proceedings in Germany.  The decision does not state whether any standard essential patents (SEPs) were at issue, but … Continue Reading

Realtek’s Comments in ITC’s review of RAND ruling in LSI-Realtek investigation (Inv. No. 337-TA-837)

Posted in Appeals, International Trade Commission, Litigation, Uncategorized
We previously discussed the comments filed by complainant LSI in the International Trade Commission (ITC) investigation of whether Realtek and Funai infringe LSI’s alleged 802.11 and H.264 standard essential patents (SEPs).  The ALJ’s initial determination found the SEP patents were not infringed but otherwise rejected RAND-based defenses.  The Commission then decided to review the ALJ’s … Continue Reading

Microsoft seeks to move appeal of Judge Robart’s RAND ruling to Ninth Circuit

Posted in Appeals, Litigation, Uncategorized
Microsoft is seeking to transfer Motorola’s appeal of Judge Robart’s RAND ruling from the Federal Circuit to the Ninth Circuit.  Specifically, last Thursday, Nov. 21, Microsoft filed in the Federal Circuit a motion to transfer to the Ninth Circuit and today, Nov. 25, Microsoft filed a companion motion to terminate Motorola’s appeal through a transfer to the Ninth … Continue Reading

LSI’s Comments in ITC’s review of RAND ruling in LSI-Realtek investigation (Inv. No. 337-TA-837)

Posted in Appeals, International Trade Commission, Litigation, Uncategorized
We previously discussed the comments filed by third-parties in the International Trade Commission (ITC) investigation of whether Realtek infringes LSI’s alleged 802.11 and H.264 standard essential patents (SEPs).  The ALJ’s initial determination found the SEP patents were not infringed but otherwise rejected RAND-based defenses.  The Commission then decided to review the ALJ’s determination in its … Continue Reading

Patent Case Alert: Federal Circuit provides more guidance on injunctive relief involving multi-component devices in Apple v. Samsung

Posted in Appeals, Litigation, Patent Alerts, Uncategorized
Today the Federal Circuit issued a decision that reversed and remanded the denial of Apple’s request to permanently enjoin Samsung mobile devices found to infringe Apple patents.  This decision appears more flexible than the court’s prior rejection of a preliminary injunction in this case with respect to establishing a casual nexus between the alleged infringement and the alleged … Continue Reading

Motorola appeals to Federal Circuit Judge Robart’s Rule 54(b) judgment on RAND issues

Posted in Appeals, Court Orders, District Courts, Jury verdicts, Litigation, Uncategorized
Today Judge Robart issued an Order certifying a Rule 54(b) judgment in the Microsoft v. Motorola case where he had issued a first of its kind RAND rate ruling on Motorola H.264 and 802.11 standard essential patents (SEPs) and sustained the jury verdict that Motorola breached its RAND obligations in offering a license to Microsoft.  Motorola promptly filed … Continue Reading
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