Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Federal Circuit

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

Patent Case: Federal Circuit denies mandamus in two cases seeking transfer of patent assertion entity cases

Posted in Appeals, Court Orders, Litigation, Non-Practicing Entities, Patent Alerts
Yesterday, in two separate precedential decisions on mandamus, the Federal Circuit refused to overturn the district courts’ decisions not to transfer patent assertion entity cases to the defendants’ home forum: In re Apple, Misc. 13-156 (mandamus from E.D. Tex.) and In re Barnes Noble, Misc. 13-162 (mandamus from W.D. Tenn.).  Both mandamus orders were decided by the … Continue Reading

Apple Argues SEP Issues to Federal Circuit in Samsung ITC Appeal

Posted in Appeals, International Trade Commission, Litigation
Last week, Apple filed its brief as an intervenor in the Federal Circuit appeal involving Samsung’s stymied ITC case against Apple (Inv. No. 337-TA-794).  Arguing the ITC’s finding of no violation should be affirmed with respect to the one patent-at-issue, Apple’s brief raised a number of SEP issues involving Samsung’s involvement with the IETF and the … Continue Reading

Supreme Court Rules that Burden to Show Infringement in Declaratory Judgment Action for Non-Infringement Remains with Patentee

Posted in Appeals, Court Orders, District Courts, Litigation
Today, the U.S. Supreme Court issued its opinion in Medtronic, Inv. v. Mirowski Family Ventures, LLC, unanimously reversing the Federal Circuit’s decision below and resolving two issues that are commonly disputed in the lower courts.  First, the Court held that the Federal Circuit had subject-matter jurisdiction over an appeal of an action for a declaratory judgment for … Continue Reading

Motorola and Apple Dispute Whether Apple’s FRAND Claims Should Have Been Dismissed (Apple v. Motorola, Fed. Cir. 2013-1150, -1182)

Posted in Appeals, Litigation
The parties and amicus have now finished briefing in the appeal from Judge Crabb’s ruling that dismissed Apple’s action seeking a declaration of a FRAND royalty because Apple would not agree to be bound by that ruling.  This post summarizes the parties most recent filings. First, recall that last summer we posted about Apple’s opening … Continue Reading

Supreme Court to review induced/multiple actor infringement (Limelight v. Akamai)

Posted in Appeals, Litigation, Patent Alerts, Uncategorized
Today the Supreme Court granted certiorari in Limelight v. Akamai to review the Federal Circuit’s en banc decision that induced infringement under Section 271(b) involving multiple actors — e.g., internet service provider performing some steps of a patent claim and end-customers doing final step — does not require establishing direct infringement under Section 271(a). The … 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

Microsoft responds that Ninth Circuit jurisdiction is law of the case in RAND dispute with Motorola (Fed. Cir. 14-1089)

Posted in Appeals, Litigation
Last week Microsoft filed a reply supporting its motion to transfer to the Ninth Circuit Motorola’s appeal of Judge Robart’s RAND ruling (see our prior posts on Microsoft’s motion and Motorola’s opposition).  Microsoft argues that the Ninth Circuit has appellate jurisdiction under law of the case, because issues of the contract action being consolidated with a patent … 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

Qualcomm and Ericsson Submit Amicus Briefs in Apple v. Motorola Judge Crabb Appeal (No. 13-1150)

Posted in Appeals, Litigation
Qualcomm and Ericsson have filed amicus briefs in the appeal of Judge Crabb’s dismissal of Apple’s declaratory judgment action that sought a court-determined FRAND royalty rate under Motorola patents, where Judge Crabb dismissed the case after Apple would not agree to be bound by that FRAND determination (see our July post). Qualcomm and Ericsson generally … Continue Reading

Microsoft seeks to move appeal of Judge Robart’s RAND ruling to Ninth Circuit

Posted in Appeals, Litigation, Uncategorized
Microsoft is seeking to transfer Motorola’s appeal of Judge Robart’s RAND ruling from the Federal Circuit to the Ninth Circuit.  Specifically, last Thursday, Nov. 21, Microsoft filed in the Federal Circuit a motion to transfer to the Ninth Circuit and today, Nov. 25, Microsoft filed a companion motion to terminate Motorola’s appeal through a transfer to the Ninth … 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

Federal Circuit oral arguments being held today in Apple v. Motorola “Posner appeal” (No. 12-1548)

Posted in Appeals, Litigation
This morning, the Federal Circuit will hold arguments in appeal no. 12-1548, Apple Inc. v. Motorola, Inc., which is the appeal of Judge Posner’s dismissal of both parties’ patent infringement claims for failure to prove entitlement to a remedy (either injunctive relief or damages).  This is a case that could have vast consequences for future … Continue Reading

Apple files opening appellate brief in second Motorola/FRAND-related Federal Circuit appeal

Posted in Antitrust, Appeals, Litigation
Last week, we noted that the Federal Circuit will hold a September 11 oral argument in Apple and Motorola’s appeals of Judge Posner’s June 2012 decision to dismiss the parties’ competing infringement suits.  The “Posner appeal” will provide the Federal Circuit with the opportunity to weigh in on SEP issues in a patent infringement context, … Continue Reading

RANDomness – Federal Circuit News

Posted in RANDomness
Yesterday, the U.S. Court of Appeals for the Federal Circuit affirmed a jury verdict invalidating a University of California patent that had been asserted by a non-practicing entity, Eolas, against dozens of companies based on their use of “interactive” features on the World Wide Web.  More on this case from Joe Mullin at ArsTechnica. As … Continue Reading

Federal Circuit reverses ITC decision to terminate LG Electronics from InterDigital 3G patent case (337-TA-800)

Posted in Appeals, Court Orders, International Trade Commission, Litigation, Non-Practicing Entities
Later this month, Adminstrative Law Judge David P. Shaw is expected to issue an Initial Determination in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof (Inv. No. 337-TA-800), which is the ITC’s Section 337 investigation into InterDigital’s allegations of 3G-essential patent infringement by Huawei, LG Electronics, Nokia, and ZTE.  The upcoming ID, … Continue Reading

Recent Supreme Court grant of petition for certiorari may have implications for standard-essential patent disputes (Medtronic v. Boston Scientific)

Posted in Appeals, Litigation, Patent Alerts
Back in September 2012, we posted a Patent Alert on the Federal Circuit’s decision in Medtronic v. Boston Scientific. In that case, the court held that in an action where a licensee in good standing seeks a declaratory judgment of non-infringement (so any counterclaim for infringement would be foreclosed by the existence of the license), … Continue Reading

Motorola tells Federal Circuit that its prior SEP licenses were not the result of hold-up, and that injunctions must be available against “intransigent infringers” of FRAND patents

Posted in Appeals, Litigation
Earlier this week, we noted that Apple directed the Federal Circuit’s attention to Judge Robart’s Microsoft-Motorola decision in Apple-Motorola “Posner Appeal.”  (For a recap of the parties’ FRAND-related appellate briefing in the case thus far, see our prior posts on Motorola’s opening brief and Apple’s responsive brief).  Yesterday, Motorola’s reply brief became publicly available. [2013.05.13 … Continue Reading

Apple cites Judge Robart’s Microsoft-Motorola decision as supplemental FRAND authority in Fed Circuit, ITC cases

Posted in Appeals, International Trade Commission, Litigation
As many commentators have noted, Judge Robart’s Microsoft-Motorola decision may provide a roadmap to courts and parties in other FRAND disputes.  Not surprisingly, Apple recently brought the decision to the attention of both the Federal Circuit (in the appeal of Judge Posner’s decision to dismiss Motorola’s SEP-related claim for damages and injunctive relief) and the … Continue Reading

Patent Alert: En banc Federal Circuit indecisive on patent eligibility of computer-implemented inventions (CLS v. Alice)

Posted in Appeals, Patent Alerts
Last Friday, May 10, 2013, in CLS Bank v. Alice Corp., No. 2011-1301, the Federal Circuit (en banc) issued a very divided decision in which a majority of the court affirmed that method, computer-readable medium and system patent claims on a computer-implemented invention were not patent eligible under § 101, but there was no majority … Continue Reading

BlackBerry files amicus brief supporting availability of SEP injunctions in Fed Circuit FRAND appeal (and also gets sued by Wi-LAN for LTE patent infringement)

Posted in Appeals, Complaints, District Courts, Litigation, Non-Practicing Entities
In a post yesterday, we discussed Nokia’s amicus brief submitted “in support of neither party” in the Apple-Motorola FRAND Federal Circuit appeal (Judge Posner edition).  The amicus brief recently filed by BlackBerry (formerly Research In Motion) is now public, and it is very similar to Nokia’s — at least when it comes to the issue … 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

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

Federal Circuit denies Motorola’s motion to dismiss or transfer Apple FRAND appeal to 7th Circuit…for now

Posted in Appeals, Court Orders, Litigation
We’ve got an update from the Apple-Motorola Federal Circuit FRAND jurisdictional dispute.  Today, the U.S. Court of Appeals for the Federal Circuit denied Motorola’s motion to dismiss Apple’s FRAND appeal (or transfer the case to the 7th Circuit).  For a recap on the issues surrounding this motion and the Apple-Motorola FRAND appeal (this one from … Continue Reading
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