Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

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ITC terminates LSI-Realtek 337 investigation without addressing RAND issues (Inv. No. 337-TA-837)

Posted in International Trade Commission, Jury verdicts, Litigation, Uncategorized
Yesterday the U.S. International Trade Commission (ITC) issued a Notice that it was terminating the investigation of whether certain LSI 802.11 and H.264 alleged standard essential patents were infringed by Realtek and others given various circumstances that mooted the investigation as to most patents and a finding of no liability for the remaining patent.  In terminating … 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

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

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

Stay tuned for blog enhancements …

Posted in Uncategorized
You will soon see a fresh new look and feel to the Essential Patent Blog and some enhanced content.  For example, we will start adding specific pages for significant SEP patent litigations that we have been following to provide an easier way for you to get a summary of the litigation, including past key events, … 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

Talk shop with AIPLA’s Standards & Open Source Committee today in Phoenix

Posted in Uncategorized
If you are in Phoenix today for the AIPLA Mid-Winter Institute, please stop by the AIPLA’s Standards & Open Source Committee booth from 3:30pm to 4:30pm (Komatke Ballroom).  You can have invigorating conversations about FRAND, holdup versus holdout, whether it should be ”SSO” or “SDO” and other plainly exciting issues notwithstanding whatever your family, friends and neighbors say when … 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

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

InterDigital Moves to Withdraw ITC Complaint Against LG

Posted in Uncategorized
InterDigital has moved to terminate the pending ITC investigation against LG (Inv. No. 337-TA-800) given the ITC’s recent noninfringement determination against Nokia and ZTE based on the same patents (see our Dec. 23 post).  InterDigital seeks to avoid litigating the infringement case anew against LG while simultaneously appealing the ITC’s noninfringement determination with respect to remaining respondents Nokia and … 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

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

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

Posted in Uncategorized
We previously discussed the opening 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). To recap, the ALJ’s initial determination found the SEP patents were not infringed but rejected RAND-based defenses. The Commission decided to review the ALJ’s … 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

Senate Debates Patent Reform Bill Passed by the House

Posted in Uncategorized
Earlier this month, we posted about the Innovation Act passed by the House of Representatives, a bill intended to regulate perceived abusive patent litigation tactics by certain patent assertion entities (what some refer to as “patent trolls”).  Last week, the Senate debated the merits of the bill as well as a competing bill proposed by Senator Leahy of … 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

ALJ agrees to dismiss Adaptix’s complaint and investigation against Ericsson (Inv. No. 337-TA-871)

Posted in International Trade Commission, Litigation, Non-Practicing Entities, Uncategorized
Last week Administrative Law Judge (ALJ) Gildea granted Adaptix’s motion to withdraw its Complaint and investigation of Ericsson’s alleged infringement of patents alleged to cover LTE standards used by Ericsson’s base stations (see our prior posts discussing Adaptix’s motion and Ericsson’s response). ALJ Gildea’s ruling was short and succinct, noting–but not opining on–Ericsson’s assertion that Adaptix … Continue Reading

Curtis Int’l moves to bifurcate Zenith’s infringement action to address liability before adjudicating its FRAND-related defenses

Posted in District Courts, Litigation, Uncategorized
We recently posted about defendant ViewSonic’s Answer in Zenith Elec. v. Viewsonic, which Answer included FRAND-related affirmative defenses and counterclaims against plaintiffs Zenith, Panasonic and Philips, as well as a FRAND-related Third-Party claim against MPEG LA.  On Monday, December 2, Curtis filed a motion to bifurcate the trial in the related case brought by Zenith against … Continue Reading

Ericsson asserts that Adaptix is withdrawing its ITC Complaint under threat of a motion for sanctions given unsubstantiated claims (Inv. No. 337-TA-871)

Posted in International Trade Commission, Litigation, Non-Practicing Entities, Uncategorized
Today Ericsson filed its response to Adaptix’s sudden motion to withdraw its Complaint and terminate the ITC’s investigation of whether Ericsson’s base stations infringe an Adaptix patent alleged to cover cellular LTE standards.  Recall from our post last week that it was not clear why Adaptix made this extraordinary step on the eve of trial. Ericsson’s response … 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

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
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