Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Exclusion Order

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

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

Posted in International Trade Commission
A few weeks ago we summarized the opening comments filed by respondent Realtek 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). The ITC is currently reviewing the ALJ’s initial determination of non-infringement of LSI’s SEPs and rejection of Realtek and Funai’s RAND-based … Continue Reading

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

Posted in Uncategorized
We previously discussed the opening comments filed by Complainant LSI in the International Trade Commission (ITC) investigation of whether Realtek and Funai infringe LSI’s alleged 802.11 and H.264 standard essential patents (SEPs). To recap, the ALJ’s initial determination found the SEP patents were not infringed but rejected RAND-based defenses. The Commission decided to review the ALJ’s … 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

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

Posted in Appeals, International Trade Commission, Litigation, Uncategorized
We previously discussed the comments filed by complainant LSI in the International Trade Commission (ITC) investigation of whether Realtek and Funai infringe LSI’s alleged 802.11 and H.264 standard essential patents (SEPs).  The ALJ’s initial determination found the SEP patents were not infringed but otherwise rejected RAND-based defenses.  The Commission then decided to review the ALJ’s … Continue Reading

Reminder/Correction: Complimentary Webinar Thu. Noon on Lessons Learned From Litigated Royalty Rates on Standard Essential Patents

Posted in Court Orders, District Courts, Litigation, Non-Practicing Entities, Uncategorized, Webinar
Reminder (and correcting some email notices) that the Essential Patent Blog and Kelley Drye & Warren LLP will host a complimentary webinar on Thursday, Oct. 17 at 12pm Eastern to discuss the import of Judge Holderman’s Oct. 3 RAND opinion in the Innovatio IP Ventures Patent Litigation and comparison with Judge Robart’s RAND methodology from the Microsoft v. Motorola litigation.  Some … 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

ITC releases public versions of Initial and Recommended Determinations in Realtek-LSI Section 337 case (Inv. No. 337-TA-837); SEP issues abound

Posted in International Trade Commission, Litigation
Last month, the ITC issued a Notice of ALJ David P. Shaw’s Final Initial Determination on Violation in In the Matter of Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837), the investigation into LSI/Agere’s allegations that Realtek and Funai infringed 802.11-essential and H.264-essential patents (as well as one non-SEP).  The ITC found … 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

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

ITC issues public version of recommended determination on remedy and bonding in InterDigital 3G patent case (Inv. No. 337-TA-800)

Posted in Court Orders, International Trade Commission, Litigation, Non-Practicing Entities
Earlier this week, the ITC issued the public version of ALJ David P. Shaw’s Initial Determination finding no violation of Section 337 in in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-800 – the ITC’s investigation into InterDigital’s accusations that Huawei, Nokia, and ZTE infringed several 3G-essential InterDigital patents.  But … 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

Realtek draws ITC’s attention to recent N.D. Cal. order & preliminary injunction (Inv. No. 337-TA-837) — and Apple does too

Posted in Court Orders, District Courts, International Trade Commission, Litigation
Earlier this week, we discussed N.D. Cal. Judge Ronald Whyte’s order granting partial summary judgment and issuing a preliminary injunction in a Realtek v. LSI district court case.  As we explained in our post, while the district court found that LSI had breached its contractual RAND obligations by filing an ITC complaint without first making a … Continue Reading

A final round-up of new public interest submissions in Samsung-Apple ITC case (Inv. No. 337-TA-794)

Posted in International Trade Commission, Litigation
In recent posts, we covered the briefs submitted by Samsung and Apple and the ITC Staff in response to the U.S. International Trade Commission’s request for additional briefing in Inv. No. 337-TA-794.  We noted that several other parties also submitted responses, offering their views on how an exclusion order in this case might affect the public … Continue Reading

Apple cites recent Japanese court ruling as evidence against standard-essential patent exclusion order (ITC Inv. No. 337-TA-794)

Posted in Court Orders, International Trade Commission
Last week, it was reported that Apple won a decision against Samsung in Tokyo, Japan, where a judge ruled that Samsung failed to negotiate in good faith with Apple before bringing patent infringement claims over its standard-essential patents.  Until today, the court’s actual ruling was not publicly available.  But yesterday, Apple submitted a “Notice of … Continue Reading

Huawei, ZTE seek expedited FRAND determinations in InterDigital 3G/4G standard-essential patent dispute

Posted in District Courts, International Trade Commission, Non-Practicing Entities
In early January, InterDigital filed a Section 337 complaint in the U.S. International Trade Commission against Huawei, Nokia, Samsung, and ZTE, accusing those companies’ 3G/4G-compliant smartphones and tablets of infringing several InterDigital patents (this is now ITC Inv. No. 337-TA-868).  Because the ITC cannot award monetary relief, it’s common for complainants to also file corresponding … Continue Reading

InterDigital, Nokia, others dispute public interest implications of 3G/4G patent assertions

Posted in Complaints, International Trade Commission, Litigation, Non-Practicing Entities
Earlier this month, InterDigital Communications filed a Section 337 complaint with the ITC, alleging that Samsung, Nokia, ZTE, and Huawei infringed several of InterDigital’s 3G and 4G-essential patents.  As we noted in our earlier post on the matter, InterDigital included a statement regarding the public interest along with its complaint, attempting to preemptively assuage any … Continue Reading

Motorola drops remaining SEPs from Microsoft Xbox ITC action

Posted in Federal Trade Commission, International Trade Commission, Litigation
In a not-so-surprising development in light of the FTC-Google/Motorola settlement announced last week, Google subsidiary Motorola Mobility asked the ITC yesterday to drop its two remaining standard-essential patents from its Xbox infringement dispute with Microsoft (Inv. No. 337-TA-752).  The two patents dropped from the case — U.S. Pat. Nos. 6,980,596 and 7,162,094 — are alleged by … Continue Reading

Catching up on . . . the Samsung-Apple ITC action (Inv. No. 337-TA-794)

Posted in Complaints, Court Orders, International Trade Commission, Litigation
Because so many SEP-related issues have arisen over the past year, we will periodically revisit some of the more important episodes with a brief post.  Next month, the U.S. International Trade Commission will issue a Final Determination in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, … Continue Reading

A dissenting voice from the FTC/Google consent agreement

Posted in Antitrust, Federal Trade Commission
Lost in the all of the publicity surrounding the FTC’s consent decree that ended its investigation of Google and Motorola Mobility yesterday is the fact that while the FTC’s decision not to proceed with action against Google for its search practices was unanimous, its decision to issue a complaint and order relating to Google’s enforcement … Continue Reading
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