Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Ericsson

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

Ericsson and Samsung settle SEP disputes with cross-license plus money

Posted in Litigation
Ericsson announced a global cross-license settlement agreement with Samsung for patents relating to GSM, UMTS and LTE standards, which settlement includes two ITC investigations and litigation in E.D. Tex. that we have followed.  Reports estimate that, in addition to exchange of consideration such as cross-licenses, Samsung will make an upfront payment to Ericsson of $650 million along … 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

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

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

Competition Commission of India investigating Ericsson’s licensing of FRAND committed cellular patents

Posted in Miscellaneous, Uncategorized
In an order dated November 12, 2013, the Competition Commission of India ordered an investigation into Ericsson’s licensing of cellular patents that are subject to FRAND obligations for certain ETSI standards.  This investigation is based on information provided by Micromax Informatics Limited (“the Informant”)  that had been approached by Ericsson (“the Opposite Party” or “OP”) … Continue Reading

Samsung tells ITC that in light of USTR veto, Ericsson should drop its standard-essential infringement claims (Inv. No. 337-TA-862)

Posted in Litigation
A couple weeks ago, we noted that Ericsson had submitted a Notice of New Authority in its ITC case against Samsung (Inv. No. 337-TA-862) concerning the USTR’s recent disapproval of the exclusion order in ITC Inv. No. 337-TA-794.  In this Notice of New Authority, Ericsson requested that presiding Administrative Law Judge David P. Shaw make … Continue Reading

Ericsson asks ITC Administrative Law Judge David P. Shaw for an express FRAND determination in Samsung cellular/WiFi patent dispute (Inv. No. 337-TA-862)

Posted in International Trade Commission, Litigation
Ericsson is a company that holds a significant number of standard-essential patents, and often seeks to monetize and enforce them.  (They were just awarded infringement damages in Texas, and they’re engaged in an SEP duel with Samsung in the ITC and in Texas).  It wasn’t surprising, then, when Ericsson last week suggested a framework for … Continue Reading

In wake of USTR veto, Ericsson proposes framework for the ITC evaluate FRAND considerations in standard-essential patent cases: “conditional” exclusion orders

Posted in International Trade Commission, Litigation, Non-Practicing Entities
The U.S. Trade Representative’s recent disapproval of the ITC’s exclusion order in Inv. No. 337-TA-794 has generated a lot of discussion and uncertainty about the future enforcement of standard-essential patents at the U.S. International Trade Commission. But it seems generally accepted that going forward, both the Commission and litigants are going to have do a … Continue Reading

Rebutting Judge Robart? E.D. Tex. Judge Leonard Davis upholds jury damages award on WiFi SEPs, dismisses RAND-related issues (Ericsson v. D-Link)

Posted in Court Orders, District Courts, Litigation
Back in June, we alerted you to a jury verdict handed down in a patent case in the Eastern District of Texas, where the jury awarded Ericsson several million dollars as compensation for infringement of several of its 802.11-essential patents by several manufacturers of WiFi-compliant products and components.  At the time, we noted that the … Continue Reading

ITC judge rejects Ericsson’s attempt to add FRAND defenses to Adaptix Section 337 case (337-TA-871)

Posted in Court Orders, International Trade Commission, Litigation, Non-Practicing Entities
Back in January, we alerted you to a patent infringement case brought in the U.S. International Trade Commission by Acacia Research subsidiary Adaptix.  Adaptix accused Ericsson of infringing U.S. Pat. No. 6,870,808, which Adaptix asserted to be essential to the ETSI 4G Long-Term Evolution (LTE) wireless standard.  The ITC later instituted the investigation as In the Matter … Continue Reading

Texas jury rejects Wi-LAN’s cellular-essential patent infringement claims

Posted in District Courts, Litigation, Non-Practicing Entities
A couple weeks ago, we posted about an interesting pretrial damages ruling in a patent infringement case (actually, several cases) brought by non-practicing entity Wi-LAN against a number of standards-compliant device makers (Sony, Ericsson, Alcatel-Lucent, and HTC).  But yesterday, an Eastern District of Texas jury decided that the damages issue was irrelevant, finding that all … 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

Texas jury finds router makers infringe Ericsson WiFi patents (Ericsson v. D-Link et al.)

Posted in District Courts, Jury verdicts, Litigation
Over the past couple weeks, a jury trial was held in Tyler, Texas on Ericsson’s November 2010 complaint that wireless equipment makers D-Link Corp., Belkin International, Netgear, Acer, Gateway, Dell, and Toshiba infringe several Ericsson patents related to the IEEE 802.11 wireless networking standard and 802.11-compliant equipment (case no. 6:10-cv-00473).  Yesterday, the jury returned its … Continue Reading

ITC Staff’s involvement in standard-essential patent issues shows Commission’s focus on FRAND

Posted in International Trade Commission, Litigation
If anyone needed more evidence that the U.S. International Trade Commission is paying a lot of attention to standard-essential patents and FRAND-related issues, they received some yesterday.  The Office of Unfair Import Investigations (OUII), a neutral third party who commonly participates in ITC investigations as a representative of the public interest, notified the ITC that … Continue Reading

Samsung-Ericsson standard-essential patent battle heats up as Samsung asserts additional patents in E.D. Tex.

Posted in District Courts, Litigation
For the last few months, Samsung and Ericsson have been engaged in a wide-ranging patent infringement skirmish, both in the Eastern District of Texas and in the U.S. International Trade Commission (Inv. Nos. 337-TA-862, 337-TA-866).  Many of the infringement assertions in these cases relate to the 4th-generation Long-Term Evolution (LTE) wireless communications standard, as well … Continue Reading

Ericsson to ITC: Samsung breached its ETSI FRAND obligations for asserted 4G LTE patents (Inv. No. 337-TA-866)

Posted in International Trade Commission, Litigation
On Friday, March 8, Ericsson filed the (redacted) public version of its answer to Samsung’s Complaint and the Notice of Investigation in In the Matter of Certain Wireless Communications Equipment and Articles Therein (Inv. No. 337-TA-866).  This ITC Section 337 investigation is based on a January 2013 complaint from Samsung that alleges Ericsson’s 4G LTE-compatible … Continue Reading

FTC-Google public comments round-up #2: Tech companies have their say

Posted in Federal Trade Commission, Miscellaneous
Yesterday we covered several public comments submitted to the FTC by various professional organizations and trade/industry associations surround the FTC-Google consent decree.  Today, we’re here to tackle the submissions from several large companies that chose to comment on the FTC order.  These companies include Apple, Ericsson, Microsoft, Qualcomm, and Research in Motion… Continue Reading

ITC institutes investigation into Acacia subsidiary Adaptix’s 4G-essential complaint against Ericsson (337-TA-871)

Posted in International Trade Commission, Litigation, Non-Practicing Entities
Yesterday the U.S. International Trade Commission announced that it has instituted a Section 337 investigation titled Certain Wireless Communications Base Stations and Components Thereof, Inv. No. 337-TA-871.  This investigation is based on a complaint filed on January 24, 2013 by Adaptix, Inc. (a subsidiary of noted publicly-traded non-practicing entity Acacia Research) against Ericsson.  The complaint … Continue Reading

Samsung responds to Ericsson’s ITC complaint, accuses Ericsson of violating F/RAND obligations (337-TA-862)

Posted in International Trade Commission, Litigation
We’ve previously covered the bilateral standard-essential patent battle brewing between Ericsson and Samsung in the U.S. International Trade Commission (as well as the Eastern District of Texas).  The ITC has instituted two investigations surrounding the parties’ claims: Inv. No. 337-TA-862 (based on Ericsson’s complaint) and Inv. No. 337-TA-866 (based on Samsung’s complaint).  Yesterday, Samsung filed … Continue Reading

Target dates set for Samsung-Ericsson, InterDigital ITC Section 337 SEP investigations

Posted in International Trade Commission, Litigation
The statute that governs the U.S. International Trade Commission’s jurisdiction over patent infringement complaints requires the ITC to resolve its investigations into such complaints “at the earliest practicable time”  Typically, ITC investigations will take anywhere from 12-18 months (depending on complexity, number of patents, etc.) from the institution of the investigation until the “target date,” … Continue Reading

RANDomness

Posted in RANDomness
The global patent battle between Apple and Samsung continues, both on the SEP and non-SEP front.  The U.S. International Trade Commission recently issued a notice that it will review an Administrative Law Judge’s prior finding that Samsung infringed several non-SEP Apple patents, and also remanded part of the case back to the ALJ.  (More from AllThingsD). … Continue Reading

Acacia Research subsidiary Adaptix files new ITC complaint accusing Ericsson of infringing 4G LTE-essential patent

Posted in Complaints, International Trade Commission, Litigation
Assertion of standard-essential patents are all the rage at the ITC these days, with an upcoming trial on InterDigital’s claims (Inv. No. 337-TA-800), another recent complaint filed by InterDigital, dueling Ericsson-Samsung complaints, and the highly anticipated Final Determination in ITC Inv. No. 337-TA-794 involving Apple and Samsung due in March.  And today, a company named … Continue Reading

RANDomness

Posted in RANDomness
In the wake of the FTC-Google settlement, an investigation into potential antitrust violations by Google continues in Europe.  Joaquin Almunia, the European Commission’s antitrust & competition chief, said that the FTC’s decision would not affect the European Commission’s investigation. (Financial Times) Unwired Planet — an NPE formed out of the remains of Openwave Systems, who … Continue Reading
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