Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Apple

N.D. Cal. excludes expert damages testimony that based royalty rate on patents’ hold-up value

Posted in Court Orders, District Courts, Litigation
With standard-essential-patent (SEP) damages discussions frequently focused on how to calculate a RAND rate, one can sometimes forget that not all SEPs are subject to [F]RAND obligations, which raises the issue whether and to what extent a reasonable royalty rate would be different between RAND and non-RAND encumbered patents. Last week, N.D. Cal. Judge Lucy Koh issued a … 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

German Court Dismisses IPCom’s $2.2 Billion (€1.57B) Infringement Action Against Apple

Posted in Litigation
Germany’s Mannheim Regional Court announced this morning that Apple did not infringe the IPCom patents alleged to be essential to the 3G/UMTS standard.  As discussed in our February 6, 2013 post, IPCom was seeking over $2 billion from Apple for infringement of European Patent EP1841268 and related German patent DE19910239 alleged to be essential to certain … 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

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

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

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

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

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

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

Jury finds Wi-LAN’s alleged SEP invalid and not infringed by Apple

Posted in District Courts, Jury verdicts, Litigation, Non-Practicing Entities, Uncategorized
Today, an E.D. Tex. jury in Wi-LAN v. Apple returned a verdict that the asserted claims 1 and 10 of Wi-LAN’s RE37,802 Patent (“the ’802 Patent”) were invalid and not infringed by Apple.  The ’802 Patent has been a centerpiece for Wi-LAN’s prolific patent litigations and settlements thereof.  Wi-LAN has asserted that the ’802 Patent covers … 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


Posted in RANDomness
On Friday, the U.S. International Trade Commission issued a Notice of a Final Determination and issuance of a Limited Exclusion Order and Cease and Desist Order against Samsung in Inv. No. 337-TA-796, finding that Samsung infringed two Apple patents relating to multi-touch functionality and headphone jack input/output detection.  (The ITC cleared Samsung of allegations relating … 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

What does the U.S. Trade Representative’s disapproval of the Samsung-Apple exclusion order mean for SEP cases at the ITC?

Posted in International Trade Commission, Litigation
Yesterday, we covered some of the wide-ranging reaction to U.S. Trade Representative Michael Froman’s decision to veto the ITC’s exclusion order in Inv. No. 337-TA-794.  One recurring theme was the question of what this ruling might mean for other SEP-related Section 337 cases that are currently at the ITC (or may be brought in the … 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

U.S. Trade Representative vetoes exclusion order in Samsung-Apple ITC case (Inv. No. 337-TA-794); no iPhone/iPad ban

Posted in International Trade Commission, Litigation
Today, U.S. Trade Representative (USTR) Michael Froman issued his long-anticipated decision regarding the U.S. International Trade Commission’s exclusion order in ITC Inv. No. 337-TA-794 involving Samsung and Apple.  And as you may have heard by now, the verdict is… The exclusion order has been “disapproved of” — i.e., overturned, vetoed, not going to go into … 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

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

An annotated version of the ITC’s decision in the Samsung-Apple case (Inv. No. 337-TA-794)

Posted in Court Orders, International Trade Commission, Litigation
Earlier this week, we took a quick look at the U.S. International Trade Commission’s landmark opinion in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (Inv. No. 337-TA-794) — and we promised an annotated version of the Commission’s rather lengthy opinion.  Well, without further ado… … Continue Reading

ITC releases public version of the Commission opinion (and dissent) in Samsung-Apple case (337-TA-794)

Posted in Court Orders, International Trade Commission, Litigation
Late last week, the ITC finally released the public version of its Final Determination and Commission Opinion in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (Inv. No. 337-TA-794) — the case where the Commission last month issued a controversial exclusion order based on … Continue Reading

Apple, Samsung take their standard-essential patent battle to the U.S. Trade Representative

Posted in International Trade Commission, Litigation
Earlier this month, the ITC issued a landmark decision and exclusion order, ruling that certain Apple products should be excluded from entry into the United States because they infringe a Samsung 3G-essential patent.  As we explained in a follow-up post, the ITC doesn’t have the final word, though — by law, the President has the … Continue Reading

Newly-public letter to ITC shows lawmakers’ concern over standard-essential patent issues

Posted in International Trade Commission, Litigation
By now, it’s really no surprise to those who pay attention to SEP issues that certain lawmakers have their eyes on the standard-essential patent world, as well.  Although non-practicing entity issues generally grab headlines these days, Congress does make some time for SEPs, too.  One example of this just became public — a May 21, … Continue Reading