Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Exclusion Orders

InterDigital tells the ITC that its 3G patent case presents the “ideal opportunity” to offer guidance on FRAND licensing issues

Posted in International Trade Commission, Litigation, Non-Practicing Entities
As we noted last week, various non-parties have begun submitting statements on the public interest in connection with ITC Inv. No. 337-TA-800, In the Matter of Certain Wireless Devices With 3G Capabilities and Components Thereof.  Over the last several days, both the complainant InterDigital and each of the respondents (Nokia, Huawei, and ZTE) have submitted … 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

ITC rules against InterDigital’s claims of 3G-essential patent infringement in preliminary finding

Posted in Court Orders, International Trade Commission, Legislation, Non-Practicing Entities
On Friday, U.S. International Trade Commission Administrative Law Judge David P. Shaw issued a Notice of Initial Determination in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-800.  This investigation was originally instituted nearly two years ago based on a complaint filed by InterDigital against Huawei, Nokia, ZTE, … 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

A look at the ITC’s exclusion and cease & desist orders in the Samsung-Apple case (337-TA-794)

Posted in Court Orders, International Trade Commission, Litigation
One thing that has frustrated many followers of the Samsung-Apple ITC case is the currently unavailability of a public version of the Commission’s Final Determination.  Generally, the only insight into the ITC’s reasoning came from the limited information in the Commission’s Notice of Final Determination.  But for those of you who are interested, we thought … Continue Reading

Could President Obama veto the ITC’s order excluding imports of certain Apple iPhones and iPads?

Posted in International Trade Commission, Legislation, Litigation, Miscellaneous
In the wake of the ITC’s landmark exclusion order barring imports of certain Apple 3G products, we noticed an interesting question raised by Prof. Brian J. Love of Santa Clara law school, among others: Professor Love is referring to one of several legislative recommendations and executive actions related to the patent system and patent litigation that … Continue Reading

ITC once again extends target date in Samsung-Apple case – Final Determination now due June 4

Posted in Court Orders, International Trade Commission, Litigation
For the fourth time over the course of the Samsung-Apple ITC Investigation (No. 337-TA-794), the Commission has extended the target date for its much-anticipated Final Determination.  We’ll have to wait until Tuesday, June 4 for a ruling on whether Samsung can get an exclusion order as a remedy for Apple’s alleged infringement of Samsung’s standard-essential … Continue Reading

U.S. International Trade Commission expected to rule tomorrow on availability of exclusion orders for infringement of FRAND standard-essential patents (337-TA-794)

Posted in Court Orders, International Trade Commission, Litigation
Spring has been an interesting time in the world of standard-essential patent litigation.  Last month brought us Judge Robart’s groundbreaking RAND-setting opinion in Microsoft v. Motorola; this month, it’s the ITC’s turn.  Tomorrow is the (thrice-extended) target date in   In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing … Continue Reading

Samsung accuses Apple of violating ITC rules and misrepresenting “key facts” (Inv. No. 337-TA-794)

Posted in International Trade Commission, Litigation
While there are just a few days to go before the target date for the ITC’s long-awaited Final Determination in Samsung’s Section 337 investigation against Apple, that hasn’t stopped the parties from continuing to spar.  Last week, Apple filed a “Notice of New Authority and New Facts” with the ITC, directing the Commission’s attention to … Continue Reading

District court judge issues order enjoining enforcement of ITC exclusion order pending judicial RAND determination — but does it matter? (Realtek v. LSI/Agere)

Posted in Court Orders, International Trade Commission, Litigation
While much of the focus on standard-essential patent litigation issues has been focused on Microsoft-Motorola, Apple-Samsung, and the InterDigital cases, these are far from the only cases dealing with SEP issues.  District courts and the ITC continue to develop case law on SEP and RAND-related issues. In an order issued yesterday in Realtek Semiconductor v. … Continue Reading

Public interest briefing wraps up in Samsung-Apple ITC battle (337-TA-794) — parties now play the waiting game on exclusion orders and SEPs

Posted in International Trade Commission, Litigation
For those of you unfamiliar with the pace of litigation at the U.S. International Trade Commission, it is fast.  Just several days ago, we were writing about the comments on the public interest submitted in Inv. No. 337-TA-794 by Apple and Samsung, the ITC Staff, and several other interested non-parties.  Late last week, Apple, Samsung, … Continue Reading

ITC Staff: Exclusion order is an appropriate remedy for Apple infringement of Samsung SEP

Posted in International Trade Commission, Litigation
This past Wednesday, April 3 was the deadline for the parties and the public to submit responses to the U.S. International Trade Commission’s request for additional briefing in Inv. No. 337-TA-794 (Samsung-Apple).  In addition to Apple and Samsung, several other parties submitted responses, including: Cisco, Hewlett-Packard, and Micron Technology The Retail Industry Leaders’ Association The … Continue Reading
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