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Category Archives: District Courts

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Jury finds BlackBerry did not infringe NXP’s alleged standard essential patents (NXP v. BlackBerry)

Posted in District Courts, Jury verdicts, Litigation
Yesterday, a Florida jury returned a verdict that BlackBerry did not infringe NXP’s patents alleged to be essential to the IEEE 802.11 WiFi and JEDEC eMMC standards and that the asserted patent claims were invalid.  The role of BlackBerry’s standard essential patent defenses is not clear from the record, though it appears to have been limited to arguments … Continue Reading

District of Delaware’s Judge Robinson Issues Revised Scheduling Order for Patent Cases

Posted in District Courts
In the midst of ongoing congressional efforts at patent litigation reform (see Monday’s post for the most recent developments), U.S. District Court Judge Sue Robinson released a new scheduling order on Monday, directed to better managing the hundreds of patent cases before her in the District of Delaware. Resulting from “the lively and informative discussions” prompted by … Continue Reading

Samsung settles IEEE 802.3 patent dispute with US Ethernet Innovations

Posted in District Courts
Non-practicing entity US Ethernet Innovation’s (“USEI”) infringement action against Samsung was brought to a close last Friday, with E.D. Tex. Judge Michael H. Schneider granting the parties’ joint motion for dismissal with prejudice. USEI filed this action against Samsung and peripheral printing device manufacturer OKI Data Americas on June 22, 2012, alleging that certain OKI and … Continue Reading

SanDisk sues PAE Round Rock for antitrust violations, breach of contract involving enforcement of former Micron patents

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities
SanDisk brought suit against Round Rock Research in the District of Delaware last week, alleging that the patent assertion entity’s acquisition and enforcement of standard essential patents previously held by Micron Technology has violated federal and state antitrust laws and breached contractual commitments to license the patents on RAND terms. The action, Sandisk Corporation v. Round Rock … Continue Reading

FTC moves to dismiss patent assertion entity MPHJ’s complaint in W.D. Tex.

Posted in District Courts, Non-Practicing Entities
The U.S. Federal Trade Commission (FTC) moved to dismiss patent monetization entity MPHJ’s W.D. Tex. complaint on Monday, alleging that the court lacks jurisdiction over the matter. Back in January 2014, MPHJ filed a complaint against the FTC in W.D. Tex., preemptively seeking to prevent an enforcement action threatened by the FTC. The FTC’s enforcement action … Continue Reading

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

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

Judge Koh dismisses without prejudice Samsung’s standard essential patents and Apple’s related FRAND defenses (5:12-cv-630)

Posted in Court Orders, District Courts, Litigation
Judge Koh recently granted Apple and Samsung’s stipulated request to dismiss without prejudice Samsung’s claims that Apple infringes certain declared-standard essential patents (SEPs) and Apple’s related FRAND defenses and counterclaims.  There is no indication in the filing that the parties are negotiating a settlement as to those SEPs, though that’s always a possibility.  The stipulation does … Continue Reading

Jury returns RAND-royalty rate of 0.19 percent of WiFi chip sale price (Realtek v. LSI)

Posted in District Courts, Jury verdicts, Litigation, Uncategorized
Yesterday, the jury in the Realtek v. LSI case before Judge Whyte returned a verdict finding that a RAND royalty for LSI’s two patents alleged essential to IEEE 802.11 WiFi standard would total about 0.19% of the total sales prices of Realtek’s WiFi chips (0.12% for one patent plus 0.07% for the other).  This RAND royalty is … 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

Settlement Update: MPEG LA Patent Pool Litigation Concerning Video Compression Standard Essential Patents

Posted in District Courts, Litigation
Back in August, we reported on a series of four patent suits filed in the Southern District of Florida by a group of MPEG LA MPEG-2 patent-pool-licensors targeting television manufacturers Craig Electronics, Curtis International, Motorola, and ViewSonic.  The litigation now appears to be settled with respect to all parties except for ViewSonic, whose case was recently transferred to the … 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

Cisco files counterclaim against Rockstar based on assertions against cable operators that purchase Cisco equipment

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities
On Friday, Jan. 31, 2014, Cisco filed an answer-counterclaim in D. Del. against Rockstar in response to the complaint filed against Cisco by Rockstar’s subsidiary Bockstar (see our Jan. 2, 2014 post).  Cisco’s counterclaim includes a declaratory judgment action based on Rockstar’s assertion of patents against cable operators that purchase Cisco equipment, including cable operators involved in separate … Continue Reading

Rockstar sued by Arris who manufactures equipment sold to cable operators involved in Rockstar litigation

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities, Uncategorized
Yesterday Arris filed a declaratory judgment action in D. Del. against Rockstar based on Rockstar asserting alleged standard essential patents (SEPs) against cable operators who purchased Arris equipment (recall our Jan. 21, 2014 post about Rockstar lawsuits with cable operators).  Among other things, Arris seeks a declaration of the essentiality of Rockstar patents, what standard setting organization (SSO) obligations … Continue Reading

Judge Enjoins Nebraska AG from Enforcing Cease and Desist Order Against Alleged Patent Assertion Entity

Posted in Court Orders, District Courts, Litigation, Non-Practicing Entities
Last week, District of Nebraska judge Joseph F. Bataillon entered an order preliminarily enjoining the Nebraska Attorney General (AG) from enforcing a cease and desist order that would prevent or impede the law firm of Farney Daniels from representing patent assertion entity MPHJ Technology Investments, LLC (MPHJ) to license or litigate MPHJ’s U.S. patents with respect … 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

Rockstar sued by cable operators for breaching standard setting obligations

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities, Uncategorized
Last Friday, several cable operators filed a Complaint against Rockstar in D. Del. alleging that Rockstar’s assertion against them of patents breached obligations owed to various standard setting organizations (“SSOs”) based on prior owner Nortel’s commitment to license patents on RAND, FRAND or royalty-free terms.  Our Jan. 2 and Nov. 1 posts discussed Rockstar’s purchase of Nortel’s patents … Continue Reading

Demand letter with laundry list of standard essential patents does not provide actual notice or knowledge of infringement

Posted in Court Orders, District Courts, Litigation, Uncategorized
On New Year’s Eve, Magistrate Judge Stephen Crocker of the W.D. Wis. ruled that a patent pool’s demand letter listing hundreds of standard-essential-patents was not enough for the patent owner to provide its recipients with actual notice of alleged acts of patent infringement under the patent statute.  Ruling on Defendants’ Motion for JMOL regarding pre-suit damages in the ongoing Toshiba … Continue Reading

Patent monetization entity MPHJ sues FTC for threatening enforcement action

Posted in Complaints, District Courts, Federal Trade Commission, Legislation, Litigation, Uncategorized
Yesterday patent monetization entity MPHJ filed a Complaint in W.D. Tex. against the U.S. Federal Trade Commission (FTC) for threatening an enforcement action against MPHJ premised on MPHJ’s extensive letter campaign to accumulate license fees on its scanner patents by threatening small end-users with litigation that MPHJ allegedly did not actually intend to pursue.  We previously posted about MPHJ receiving … Continue Reading

Update: Judge Whyte finalizes Daubert and evidentiary rulings framing RAND issues for Realtek v. LSI jury trial

Posted in Court Orders, District Courts, Uncategorized
Judge Whyte recently issued his final ruling on Daubert and other evidence regarding RAND issues for the upcoming Realtek v. LSI jury trial based on his tentative ruling discussed in our Nov. 14 post.  Judge Whyte basically kept his tentative rulings and bases thereof, as discussed in our prior post.  He did provide additional insight into … Continue Reading

Judge Stark bifurcates Blu-ray SEP case to determine essentiality and FRAND rate before liability issues (One Blue v. Imitation, D. Del. 1:13-cv-917)

Posted in Court Orders, District Courts, Litigation
Yesterday Judge Stark followed an approach used by Judge Holdeman in the Innovatio WiFi case by bifurcating FRAND issues from liability where essentiality and a RAND royalty rate will be tried first in hopes the result will spur settlement, followed by discovery and trial on liability issues if still necessary.  Recall that this case arose … Continue Reading

InterDigital and Huawei Settle District Court and ITC Actions

Posted in District Courts, International Trade Commission, Litigation
On December 30, 2013, InterDigital and Huawei filed a stipulation to dismiss the pending Delaware district court action (13-cv-00008) without prejudice, indicating the parties entered into a “binding settlement agreement and agreement to arbitrate”.  The Court promptly dismissed the case. Yesterday, InterDigital and Huawei similarly moved to terminate the corresponding ITC action, Inv. No. 337-TA-868, with respect … Continue Reading

Innovatio Settles Litigation with Motorola and SonicWall after RAND Ruling, but Others Remain

Posted in District Courts, Litigation, Non-Practicing Entities
Since Judge Holderman’s September 27, 2013 order setting a RAND rate in the sprawling Innovatio WiFi litigation (see our October 3 post), two of the five major device manufacturers involved in the case have settled-out.  Motorola settled with Innovatio after a November 22nd settlement conference and was dismissed on December 17th.  Less than a week later, … Continue Reading

More holiday filings in Rockstar’s battle with Google-Android

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities, Uncategorized
Recall that Rockstar started asserting patents it acquired from Nortel by filing a lawsuit in E.D. Tex. on Halloween against Google and certain Android handset manufacturers (see our Nov. post that also summarizes Rockstar’s acquisition of Nortel’s patents).  On Christmas Eve, Google responded by filing a Complaint in N.D. Cal. seeking a declaratory judgment that the patents … Continue Reading