Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: FTC

FTC moves to dismiss patent assertion entity MPHJ’s complaint in W.D. Tex.

Posted in District Courts, Non-Practicing Entities
The U.S. Federal Trade Commission (FTC) moved to dismiss patent monetization entity MPHJ’s W.D. Tex. complaint on Monday, alleging that the court lacks jurisdiction over the matter. Back in January 2014, MPHJ filed a complaint against the FTC in W.D. Tex., preemptively seeking to prevent an enforcement action threatened by the FTC. The FTC’s enforcement action … Continue Reading

U.S. Dept. of Justice closes investigation of Samsung’s assertion of standard essential patents

Posted in Antitrust, Federal Trade Commission, Uncategorized
On Friday, the U.S. Department of Justice (“DOJ”) announced that it was closing its investigation into Samsung’s use of standard essential patents, which investigation had “focused on Samsung’s attempts to use its SEPs to obtain exclusion orders from the [ITC] relating to certain iPhone and iPad models.”  DOJ stated that further investigation was no longer … Continue Reading

Patent monetization entity MPHJ sues FTC for threatening enforcement action

Posted in Complaints, District Courts, Federal Trade Commission, Legislation, Litigation, Uncategorized
Yesterday patent monetization entity MPHJ filed a Complaint in W.D. Tex. against the U.S. Federal Trade Commission (FTC) for threatening an enforcement action against MPHJ premised on MPHJ’s extensive letter campaign to accumulate license fees on its scanner patents by threatening small end-users with litigation that MPHJ allegedly did not actually intend to pursue.  We previously posted about MPHJ receiving … Continue Reading

Second Circuit argument today on dismissal of RAND/antitrust dispute based on foreign activity

Posted in Antitrust, Appeals, Federal Trade Commission, Litigation
Today, the Second Circuit will hear argument in an important case on the extent that foreign injury (reduced foreign sales and closure of foreign plants) arising from foreign RAND breaches can have remedy in the U.S. based on their impact on U.S. commerce.  The case, Lotes Co., Ltd. V. Hon Hai Precision Industry Co., Ltd., … Continue Reading

European Commission seeks comments on Samsung’s proposal to limit seeking injunctions on standard essential patents

Posted in Antitrust, Miscellaneous, Uncategorized
Yesterday the European Commission started soliciting public comments on Samsung’s proposed commitment that, during the next five years, Samsung would not seek injunctive relief within the European Economic Area (EEA) on standard essential patents (SEPs) in the field of mobile communications against companies that agree to a particular framework for determining fair, reasonable and non-discriminatory (FRAND) licensing … Continue Reading

FTC announces proposed Section 6(b) study to examine patent assertion entities

Posted in Federal Trade Commission, Non-Practicing Entities, Uncategorized
Today the Federal Trade Commission made its long-awaited announcement that it has voted to seek public comment on a proposal to conduct a Section 6(b) study of patent assertion entities and their impact on innovation and competition.  The FTC proposes this study based on requests from the public and Senators as well as the FTC’s “own role in competition policy and … Continue Reading

FTC finalizes settlement in Google/Motorola Mobility SEP case

Posted in Antitrust, Miscellaneous
Today, the Federal Trade Commission announced that it has approved a modified final order that settles its investigation into Motorola Mobility’s alleged anti-competitive practices surrounding its standard-essential patent licensing and enforcement program (for more background, see our original post on the case).  Here’s the Commission’s final decision and order, as well as a final version … Continue Reading

American Antitrust Institute calls on FTC, DOJ to force standard-setting organizations to adopt more stringent patent policies

Posted in Antitrust, Federal Trade Commission, Miscellaneous
Late last week, the American Antitrust Institute submitted a very interesting petition to the U.S. Dept. of Justice and the Federal Trade Commission.  In the petition, which is titled “Request for Joint Enforcement Guidelines on the Patent Policies of Standard Setting Organizations,” the AAI urges these agencies to step up their enforcement of the antitrust … Continue Reading

Public comments on FTC/DOJ Patent Assertion Entity Workshop include worries that PAEs may “game the system” of standard-setting and RAND licensing

Posted in Federal Trade Commission, Miscellaneous, Non-Practicing Entities
Back in December 2012, the Federal Trade Commission and the Department of Justice held a joint workshop to explore the impact that patent assertion entities (PAEs — or non-practicing entities/NPEs) may be having on innovation, competition, and the U.S. economy.  The FTC and DOJ invited the public to submit comments for consideration by the agencies, … Continue Reading

Upcoming IPO webinar on standard-essential patents and FTC-Google consent decree features Dow Lohnes’s David Long

Posted in Antitrust, Federal Trade Commission, Miscellaneous
On March 5, 2013 at 2:00pm, the Intellectual Property Owners Association is holding a webinar to discuss the potential implications that the FTC-Google consent decree may have on the world of standard-essential patents.  The webinar is taking place as part of of IPO’s weekly IP Chat Channel series.  David W. Long, a member of Dow … 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

FTC-Google public comments round-up #1: Interest groups and industry/professional organizations weigh in

Posted in Federal Trade Commission, Miscellaneous
We’ve finally sifted through the many public comments submitted in response to the FTC-Google consent decree and proposed order.  As we noted Monday, over two dozen individuals, companies, and organizations representing a wide range of interests submitted comments.  Later this week, we will do a post featuring the details of some of the post submitted … Continue Reading

More than 25 entities submit comments on proposed FTC-Google/Motorola consent decree

Posted in Federal Trade Commission, Miscellaneous
This past Friday (Feb. 22) was the deadline for the public to submit comments to the Federal Trade Commission on the FTC’s consent decree that it entered into last month with Google and Motorola Mobility.  More than two dozen individuals, companies, and organizations chose to submit comments, and their submissions reflected a wide range of interests … Continue Reading

Various amici weigh in on SEP-related issues in Apple-Motorola Federal Circuit appeal

Posted in Appeals, Litigation
Later this year, in the case of Apple Inc. v. Motorola Inc. (Nos. 2012-1548, -1549), the Federal Circuit is set to address several issues that could have a big effect on future licensing and assertion of standard-essential patents.  As explained in our previous post “catching up on” the details of this dispute, this appeal follows Judge Posner’s dismissal … Continue Reading


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

FTC invites public to comment on consent agreement with Google/Motorola Mobility

Posted in Antitrust, Federal Trade Commission
Today, a notice and request was published in the Federal Register, inviting the public to comment on the FTC’s proposed consent agreement with Google and Motorola Mobility in FTC File No. 121-0120.  This proposed consent agreement would close the FTC’s investigation into certain Google/Motorola Mobility business practices concerning licensing and assertion of standard-essential patents that Motorola previously agreed … 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

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

Google agrees to forego seeking injunctive relief for SEP infringement as part of FTC settlement

Posted in Antitrust, Complaints, Federal Trade Commission
In a press conference that took place at 1pm Eastern time today, the United States Federal Trade Commission announced that it has entered into a consent decree with Google in which Google agreed to forego seeking injunctive relief as a remedy for infringement of SEPs that have been pledged to be licensed on RAND terms. … Continue Reading