Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Appeals

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

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

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

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

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

Posted in International Trade Commission, Litigation, Uncategorized
Our prior posts discussed Complainant LSI’s comments and respondent Realtek’s comments in the ITC’s investigation of whether Realtek and Funai infringe LSI’s alleged standard essential patents (SEPs).  These comments were submitted in response to the Commission’s request for information on various issues to aid in its review of the ALJ’s conclusion that Realtek and Funai did not … 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

Federal Circuit oral arguments being held today in Apple v. Motorola “Posner appeal” (No. 12-1548)

Posted in Appeals, Litigation
This morning, the Federal Circuit will hold arguments in appeal no. 12-1548, Apple Inc. v. Motorola, Inc., which is the appeal of Judge Posner’s dismissal of both parties’ patent infringement claims for failure to prove entitlement to a remedy (either injunctive relief or damages).  This is a case that could have vast consequences for future … Continue Reading


Posted in RANDomness
InsideCounsel magazine recently published an article of ours, titled “Establishing Federal Rules of Patent Procedure“.  This article is the first in a three-part series in which we examine certain “patent reforms” that have been proposed in response to the perceived rise in assertions by non-innovative patent assertion entities.  In this article, we look at the … 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

Federal Circuit reverses ITC decision to terminate LG Electronics from InterDigital 3G patent case (337-TA-800)

Posted in Appeals, Court Orders, International Trade Commission, Litigation, Non-Practicing Entities
Later this month, Adminstrative Law Judge David P. Shaw is expected to issue an Initial Determination in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof (Inv. No. 337-TA-800), which is the ITC’s Section 337 investigation into InterDigital’s allegations of 3G-essential patent infringement by Huawei, LG Electronics, Nokia, and ZTE.  The upcoming ID, … Continue Reading

Recent Supreme Court grant of petition for certiorari may have implications for standard-essential patent disputes (Medtronic v. Boston Scientific)

Posted in Appeals, Litigation, Patent Alerts
Back in September 2012, we posted a Patent Alert on the Federal Circuit’s decision in Medtronic v. Boston Scientific. In that case, the court held that in an action where a licensee in good standing seeks a declaratory judgment of non-infringement (so any counterclaim for infringement would be foreclosed by the existence of the license), … Continue Reading

Motorola tells Federal Circuit that its prior SEP licenses were not the result of hold-up, and that injunctions must be available against “intransigent infringers” of FRAND patents

Posted in Appeals, Litigation
Earlier this week, we noted that Apple directed the Federal Circuit’s attention to Judge Robart’s Microsoft-Motorola decision in Apple-Motorola “Posner Appeal.”  (For a recap of the parties’ FRAND-related appellate briefing in the case thus far, see our prior posts on Motorola’s opening brief and Apple’s responsive brief).  Yesterday, Motorola’s reply brief became publicly available. [2013.05.13 … Continue Reading

Apple cites Judge Robart’s Microsoft-Motorola decision as supplemental FRAND authority in Fed Circuit, ITC cases

Posted in Appeals, International Trade Commission, Litigation
As many commentators have noted, Judge Robart’s Microsoft-Motorola decision may provide a roadmap to courts and parties in other FRAND disputes.  Not surprisingly, Apple recently brought the decision to the attention of both the Federal Circuit (in the appeal of Judge Posner’s decision to dismiss Motorola’s SEP-related claim for damages and injunctive relief) and the … Continue Reading

Patent Alert: En banc Federal Circuit indecisive on patent eligibility of computer-implemented inventions (CLS v. Alice)

Posted in Appeals, Patent Alerts
Last Friday, May 10, 2013, in CLS Bank v. Alice Corp., No. 2011-1301, the Federal Circuit (en banc) issued a very divided decision in which a majority of the court affirmed that method, computer-readable medium and system patent claims on a computer-implemented invention were not patent eligible under § 101, but there was no majority … Continue Reading

BlackBerry files amicus brief supporting availability of SEP injunctions in Fed Circuit FRAND appeal (and also gets sued by Wi-LAN for LTE patent infringement)

Posted in Appeals, Complaints, District Courts, Litigation, Non-Practicing Entities
In a post yesterday, we discussed Nokia’s amicus brief submitted “in support of neither party” in the Apple-Motorola FRAND Federal Circuit appeal (Judge Posner edition).  The amicus brief recently filed by BlackBerry (formerly Research In Motion) is now public, and it is very similar to Nokia’s — at least when it comes to the issue … Continue Reading

Nokia amicus brief urges Federal Circuit to reverse Judge Posner’s standard-essential patent rulings

Posted in Appeals, Litigation
Earlier this week, both Nokia and BlackBerry (formerly Research In Motion) were both granted leave to file amicus briefs with the Federal Circuit in the Apple v. Motorola appeal of Judge Posner’s June 2012 decision to dismiss the parties’ respective infringement claims.  BlackBerry’s brief is still confidential, but Nokia’s is now publicly available. [2013.05.06 Nokia … Continue Reading

Apple asks Federal Circuit to affirm Judge Posner’s denial of injunctive relief and damages for Motorola FRAND-pledged standard-essential patents

Posted in Appeals, District Courts, Litigation
Much of the activity and attention in the standard-essential patent world over the last few days has been focused on Judge James L. Robart’s groundbreaking decision in the Microsoft-Motorola RAND breach of contract case.  But that wasn’t the only RAND-related bit of news happening this past Thursday — that same day, in the Federal Circuit, … 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

Motorola, Apple dispute relevance of recent Supreme Court case to FRAND jurisdictional dispute

Posted in Appeals, Litigation
A quick update for those interested in the Apple-Motorola Federal Circuit FRAND appeal: Last week, the U.S. Supreme Court issued its opinion in Gunn v. Minton, where the Court determined that a plaintiff’s patent litigation-related state law malpractice claim did not “arise under” the federal patent laws and did not create federal jurisdiction under 28 … Continue Reading

Patent Alert: Federal Circuit delves into doctrine of equivalents and concept of vitiation (Brilliant Instruments v. GuideTech)

Posted in Patent Alerts
Today, February 20, 2013, in Brilliant Instruments, Inc. v. GuideTech, Inc., No. 2012-1018, the Federal Circuit (Dyk (dissenting-in-part), Moore, and Reyna) reversed the Northern District of California’s prior grant of summary judgment of no infringement under the doctrine of equivalents based on fact issues regarding whether a capacitor that was “part of” a first circuit … Continue Reading