Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Damages

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

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

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

Posted in International Trade Commission
We previously discussed the opening comments filed by respondent Funai in the International Trade Commission (ITC) investigation of whether Realtek and Funai infringe complainant LSI’s alleged 802.11 and H.264 standard essential patents (SEPs). Funai recently filed two sets of reply comments as part of the ITC’s review of the ALJ’s initial determination rejecting Realtek and Funai’s … 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

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

Judge Whyte’s Daubert and evidentiary rulings frame RAND issues for Realtek v. LSI jury trial

Posted in Court Orders, District Courts, Litigation, Uncategorized
Yesterday Judge Whyte issued an Order with tentative rulings on motion’s in limine and Daubert motions for the upcoming Realtek v. LSI trial where the jury will determine (1) a RAND rate, (2) damages based on the court’s prior ruling that LSI breached its RAND obligations by seeking an exclusion order at the ITC before offering Realtek … 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

Microsoft asks Washington court for permission to try to renew and expand “anti-suit injunction” against Motorola

Posted in District Courts, Litigation
Microsoft and Motorola are currently hurtling toward an August 26 jury trial in their RAND breach of contract dispute in Seattle.  But it looks like the SEP disputes between the parties are not limited to the United States, however.  In a letter filed with Judge James L. Robart’s court yesterday, Microsoft claims that it was … Continue Reading

Microsoft-Motorola update: parties file reply briefs supporting their respective summary judgment motions

Posted in District Courts, Litigation
Earlier this week, we caught up on summary judgment motions filed by both Microsoft and Motorola in advance of next month’s breach of contract jury trial, set to take place in Seattle.  Yesterday, both parties filed reply briefs in support of these motions: 13.07.17 (D.E. 768) MS Reply re SJ Motion 13.07.17 (D.E. 771) Motorola … Continue Reading

Expert’s damages calculation based on value of entire standards-compliant product violates Entire Market Value rule (Wi-LAN v. Alcatel-Lucent)

Posted in Court Orders, District Courts, Litigation, Non-Practicing Entities
Over the past few years, courts have begun cracking down on improper damages theories.  The Federal Circuit’s 2012 opinion in LaserDynamics v. Quanta is instructive on this point, noting that in the absence of evidence that the patented functionality is the source of the demand for the entire product, then damages must be based on … Continue Reading

Microsoft-Motorola update: Parties spar over discovery issues, and Microsoft wants its bond money back

Posted in District Courts, Litigation
It’s been relatively quiet in the Western District of Washington over the past couple weeks, as Motorola and Microsoft move forward toward an August jury trial on Microsoft’s RAND-based breach of contract claims.  But according to a minute order filed by the court this past Tuesday, this week the parties raised two separate disputes for … Continue Reading


Posted in RANDomness
Last week, the U.S. Supreme Court issued its unanimous opinion in Association for Molecular Pathology v. Myriad Genetics, where the Court held that Myriad’s claims on isolated genes were not patent-eligible subject matter under Section 101.  Patently-O has a good round-up on the decision, as well as some thoughts from various members of the patent … Continue Reading

Patent Alert: Federal Circuit Permits Appeal of Liability Prior to Damages or Willfulness Determination (Robert Bosch v. Pylon)

Posted in Appeals, Patent Alerts
Today, June 14, 2013, in Robert Bosch LLC v. Pylon Manufacturing Corp., No. 2011-1363, 1364, an en banc Federal Circuit ruled that parties can appeal a decision on liability in patent infringement cases before there has been a trial on damages or willfulness. Under 28 U.S.C. § 1292(c), the Federal Circuit has exclusive jurisdiction “of … Continue Reading

Microsoft amicus brief supports Apple, cautions Federal Circuit about breadth of ruling in Apple-Motorola appeal

Posted in Appeals, Litigation
Last week, the Federal Circuit granted a motion by Microsoft for permission to file an amicus brief in the Apple-Motorola appeal (No. 12-1548, Judge Posner edition).  Microsoft then filed its amicus brief, becoming the latest in a long time of companies (see, e.g., here, here, here, and here) to weigh in on the case.  Today, … 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

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

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

More amici support Apple’s opinion of FRAND: Business Software Alliance and law professors give their views

Posted in Appeals, Litigation
Last week we discussed a couple of amicus briefs in the Apple-Motorola Federal Circuit appeal that addressed standard-essential patent issues.  Intel supported Apple’s view that injunctions should generally not be available for FRAND-pledges SEPs, while Qualcomm supported Motorola’s contention that there is no such blanket restriction.  In this post, we’ll address two more briefs, both … Continue Reading

Motorola tells Federal Circuit Judge Posner’s ruling would inappropriately create a “categorical rule” against standard-essential patent injunctions

Posted in Appeals, Litigation
Late last week, Motorola Mobility filed its Responsive and Opening Brief in Federal Circuit Appeal No. 2012-1548 (the appeal from Judge Posner’s June 2012 decision to dismiss competing infringement claims in a case between Apple and Motorola).  We’ve previously discussed the large number of amicus briefs filed with the Federal Circuit by a wide variety … Continue Reading

RANDomness: Of smartphone wars, SEPs, and sequestration

Posted in RANDomness
Over at Patent Progress, Dan O’Connor has an interesting post in which he addresses the recent use of standard-essential patents in the “smartphone wars” within the larger context of the standard-essential patent universe.  Like several of the entities who submitted public comments on the FTC-Google consent decree, O’Connor argues that when it comes to dealing … Continue Reading


Posted in RANDomness
The Federal Circuit denied Apple’s petition for an en banc rehearing of its prior denial of a preliminary injunction against Samsung based on Apple’s failure to demonstrate a “causal nexus” between infringement and irreparable harm.  However, Apple still has an appeal pending of a denial of a permanent injunction against Samsung. (Bloomberg) Yesterday the ITC … Continue Reading

Patent Alert: Federal Circuit limits reliance on entire market value damages (LaserDynamics v. Quanta)

Posted in Patent Alerts
On Thu., Aug. 30, 2012, in LaserDynamics v. Quanta, No. 2011-1440, the Federal Circuit (Dyk, Clevenger and Reyna) clarified and limited applying the entire market value damages rule where the patent is directed to a component of a multi-component system – e.g., a patented method for determining the type of disc in an optical drive that is … Continue Reading