Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Breach of contract

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

Jury finds Motorola breached RAND obligations, awards $14.5M in damages to Microsoft

Posted in District Courts, Jury verdicts, Litigation
This afternoon the RAND breach of contract case between Microsoft and Motorola went to the jury, and this evening — after just a few short hours of deliberation — the jury came back with its verdict.  According to Curtis Cartier (@curtis_cartier on Twitter), a freelance journalist who attended the trial, the jury found for Microsoft … Continue Reading

Two weeks ahead of Microsoft-Motorola jury trial, summary judgment ruling reduces the issues (but only a little bit)

Posted in Court Orders, District Courts, Litigation
A month ago, we discussed how Microsoft and Motorola filed dueling summary judgment motions in an attempt to eliminate some of the issues from the upcoming RAND breach of contract jury trial in Seattle (currently set to begin August 26).  Judge James L. Robart held an oral argument on July 31, and this morning, his … Continue Reading

Microsoft-Motorola trial “phase two” set for August 26, 2013 — and it will be a jury trial

Posted in Court Orders, District Courts, Litigation
A couple months ago, Microsoft asked Judge James L. Robart to confirm that the second phase of the Microsoft-Motorola RAND breach of contract trial — in which the actual breach and damages issues will be addressed — would be tried to Judge Robart himself, and not a jury (a motion that Motorola opposed).  Microsoft claimed that … Continue Reading

Which appeals court has appellate jurisdiction over the Microsoft-Motorola RAND case?

Posted in Appeals, District Courts, Litigation
The district court in the Microsoft-Motorola RAND breach of contract case has already decided some unique issues of first impression, and will take on some more in the next phase of the case.  And if the parties don’t settle, an appeal is likely to follow.  This raises an interesting question, one that doesn’t necessarily have … Continue Reading

Motorola asks Washington court to limit Microsoft’s theories of damages for potential RAND breach

Posted in District Courts, Litigation
In the aftermath of last week’s Microsoft-Motorola RAND-setting opinion, the case will now to proceed toward an August trial date.  At this trial — if it gets that far — either Judge Robart or a jury (this issue is still up in the air) will determine (1) whether Motorola breach its RAND obligations to the IEEE and … Continue Reading

InterDigital asks Delaware court to dismiss Huawei, ZTE’s FRAND counterclaims

Posted in District Courts, Litigation, Non-Practicing Entities
The standard-essential patent battle between InterDigital and Chinese handset makers Huawei and ZTE rages on in the U.S. District Court for the District of Delaware.  Recall that the parties are awaiting an Initial Determination in ITC Inv. No. 337-TA-800, and are also involved in Inv. No. 337-TA-868.  In the companion district court cases to the … Continue Reading

Catching up on…Lotes v. Foxconn RAND/antitrust dispute over USB 3.0 standard-essential patents

Posted in Complaints, Court Orders, District Courts, Litigation
It’s no surprise that most of the attention being paid to standard-essential patent issues is focused on the companies involved in the “smartphone wars” — Motorola, Microsoft, Apple. Samsung, etc.  But while these consumer product companies are of course affected by issues involving standard-essential patents, so too are their component suppliers.  A lawsuit filed this … Continue Reading

Catching up on … Apple v. Motorola Mobility (W.D. Wis.)

Posted in Appeals, District Courts, International Trade Commission, Litigation
Late last week, Apple Inc. filed a notice of appeal with the United States District Court for the Western District of Wisconsin, announcing its intent to appeal to the Federal Circuit Judge Barbara B. Crabb’s dismissal of Apple’s SEP-related contract and antitrust claims against Motorola Mobility (case No. 3:11-cv-00178-bbc).  This presents us with an opportunity … Continue Reading