Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Category Archives: Miscellaneous

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German Patent Monetization Entity, IPCom, Seeking $2 Billion from Apple for SEP Infringement

Posted in Litigation, Miscellaneous
In the midst of ongoing litigation against Nokia and HTC abroad, German patent monetization firm IPCom’s claim of patent infringement against Apple will be heard before Germany’s Mannheim Regional Court next Tuesday, February 11 (see our Januray 2013 post for some additional information on how patent litigation and RAND issues are handled in Germany).  IPCom … 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

Competition Commission of India investigating Ericsson’s licensing of FRAND committed cellular patents

Posted in Miscellaneous, Uncategorized
In an order dated November 12, 2013, the Competition Commission of India ordered an investigation into Ericsson’s licensing of cellular patents that are subject to FRAND obligations for certain ETSI standards.  This investigation is based on information provided by Micromax Informatics Limited (“the Informant”)  that had been approached by Ericsson (“the Opposite Party” or “OP”) … 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

National Academy of Sciences Publishes Report and Recommendations on Standard Essential Patents

Posted in Miscellaneous, Uncategorized
The National Academy of Sciences has published a 140-page report entitled “Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology.”  The report presents several suggestions to standard setting organizations (SSOs) or government bodies regarding standard essential patents (SEPs) in a few topic areas: Interpretation of FRAND: Suggests that SSOs clarify … Continue Reading

The Comparative Law and Economics of Standard-Essential Patents and FRAND Royalties (a new paper from Prof. Thomas Cotter)

Posted in Miscellaneous
The week leading up to Labor Day was a relatively quiet one on the SEP litigation front, with the exception of the ongoing Microsoft-Motorola RAND jury trial in Seattle (scheduled to wrap up and go to the jury tomorrow).  Late last week, the ITC also postponed until tomorrow the decision whether to review the ALJ’s … Continue Reading

Webinar: Practical Considerations & Industry Perspectives in Applying Recent FRAND Rulings — TODAY at 12:30pm EDT

Posted in Miscellaneous
The world of standard-essential patent litigation has seen some significant upheaval over the past few months, particularly with the Microsoft-Motorola RAND-setting ruling and the ITC’s exclusion order in Samsung-Apple (and the USTR’s subsequent veto).  Today there will be a complimentary webinar in conjunction with the American Intellectual Property Law Association’s (AIPLA) Standards & Open Source Committee, … Continue Reading

A round-up of reactions to the USTR’s veto of the ITC’s exclusion order in Inv. No. 337-TA-794

Posted in International Trade Commission, Litigation, Miscellaneous
Even though it was released on a Saturday, U.S. Trade Representative Michael Froman’s disapproval of the exclusion and cease & desist orders in ITC Inv. No. 337-TA-794 has understandably generated a lot of chatter in industry and the patent world.  Many are hailing the decision, while others disagree with the veto and/or believe it should … Continue Reading

Reminder: Complimentary 8/7/2013 webinar offering industry perspectives on recent FRAND-related cases

Posted in Miscellaneous
As we told you last week, there will be a free upcoming webinar in conjunction with the AIPLA Standards and Open Source Committee.  The webinar will feature a panel of attorneys and industry professionals discussing the consequences that may stem from decisions in some recent standard-essential patent cases of note, including the RAND breach of … 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

Upcoming Webinar: Practical Considerations & Industry Perspectives in Applying Recent FRAND Rulings (August 7, 2013)

Posted in Miscellaneous
The recent decisions in the Microsoft-Motorola district court case and the Samsung-Apple ITC investigation (No. 337-TA-794) promise to have far-reaching consequences for those in industries that deal with standard-essential patents.  We at the Essential Patent Blog thought it would be helpful to have a panel of seasoned experts discuss the import of these decisions.  To that … 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

Could President Obama veto the ITC’s order excluding imports of certain Apple iPhones and iPads?

Posted in International Trade Commission, Legislation, Litigation, Miscellaneous
In the wake of the ITC’s landmark exclusion order barring imports of certain Apple 3G products, we noticed an interesting question raised by Prof. Brian J. Love of Santa Clara law school, among others: Professor Love is referring to one of several legislative recommendations and executive actions related to the patent system and patent litigation that … 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

A round-up of proposed “patent reform” laws on Capitol Hill

Posted in Legislation, Miscellaneous
Vermont recently became the first state to pass legislation specifically directed to patent issues (a law which, as noted by Camilla Hrdy at Patently-O, has interesting federalism implications and may or may not run into federal preemption issues).  But even more patent-related activity has been taking place here in Washington, DC.  Over the last few … Continue Reading

Baseball has the Best Rules: Using Arbitration to Solve FRAND Disputes

Posted in Guest Posts, Miscellaneous
Last month, we briefly discussed an article that proposed that “baseball-style” arbitration be used to resolve FRAND licensing disputes.  The following guest post about this article was authored by David Balto, a former Policy Director of the Bureau of Competition for the Federal Trade Commission who currently has his own public interest antitrust practice here … Continue Reading

Vermont Attorney General files suit against notorious scanner non-practicing entity

Posted in Litigation, Miscellaneous, Non-Practicing Entities
We’re going to take a quick time-out from standard-essential patent issues for a minute for a brief post on non-practicing entities.  These NPEs are getting more and more attention from industry, regulators, and Congress, with a multitude of recent legislation (e.g., the SHIELD Act, the Patent Quality Improvement Act and the End Anonymous Patents Act) being introduced to address NPE-related issues. … 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

The Patent Forest

Posted in Miscellaneous
Judge Robart’s RAND decision in the Microsoft v. Motorola case is receiving well-warranted attention, and for good reason.  Of course, we here at the Essential Patent Blog find this developing area of law fascinating.  So I welcomed Tom Keene’s invitation to discuss Judge Robart’s decision live on Bloomberg TV’s “Bloomberg Surveillance” program this past Monday, April … Continue Reading

Public comments on FTC/DOJ Patent Assertion Entity Workshop include worries that PAEs may “game the system” of standard-setting and RAND licensing

Posted in Federal Trade Commission, Miscellaneous, Non-Practicing Entities
Back in December 2012, the Federal Trade Commission and the Department of Justice held a joint workshop to explore the impact that patent assertion entities (PAEs — or non-practicing entities/NPEs) may be having on innovation, competition, and the U.S. economy.  The FTC and DOJ invited the public to submit comments for consideration by the agencies, … Continue Reading

House Judiciary Subcommittee hearing on abusive patent litigation and the ITC focuses on non-practicing entities, litigation costs, and remedies

Posted in International Trade Commission, Legislation, Miscellaneous, Non-Practicing Entities
This afternoon, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet held a hearing titled “Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job Creation at the International Trade Commission and Beyond.”  This hearing comes on the heels of a broader hearing on abusive patent litigation held by the same committee … Continue Reading

Is Section 285′s “exceptional case” requirement too exceptionally hard to satisfy?

Posted in Appeals, Litigation, Miscellaneous
(Note: the subject matter of this post is a bit off-topic for this blog, but with all of the attention being paid to non-meritorious patent lawsuits and potential solutions, we thought this warranted mentioning.) Patent litigation, like most litigation in this country, is generally controlled by the “American Rule” — the general rule that each … Continue Reading

House Judiciary Committee to hold hearing on “abusive patent litigation” and the ITC

Posted in Legislation, Miscellaneous
Patents have been getting a lot of attention on Capitol Hill lately, with the reintroduced SHIELD Act and the recent Congressional hearing on “abusive patent litigation.”  Next week patents will get even more airtime, as the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet will hold a hearing titled Abusive Patent Litigation: … Continue Reading
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