Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: H.264

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

ITC to review ALJ’s entire initial determination including FRAND ruling in LSI-Realtek 337 case (Inv. No. 337-TA-837)

Posted in International Trade Commission, Litigation, Uncategorized
Last week (Thu. Oct. 17, 2013), the International Trade Commission (ITC) issued a Notice that it will review “in its entirety” Administrative Law Judge Shaw’s initial determination (ID) that found no infringement of LSI’s 802.11 and H.264 standard essential patents (SEPs), but otherwise rejected RAND-based defenses, as discussed in our prior post. The ITC notice includes requests that … Continue Reading

Judge Robart rules sufficient evidence supports jury verdict that Motorola breached RAND obligation in dealings with Microsoft

Posted in Court Orders, District Courts, Jury verdicts, Litigation
Yesterday, Judge Robart issued an Order that denied Motorola’s motion to overturn the jury’s verdict that Motorola breached its RAND obligations in dealing with Microsoft on standard essential patents (SEPs) for IEEE 802.11 WiFi standards and ITU H.264 video compression standards. Judge Robart’s ruling here indicates that assessing compliance with a RAND obligation is a case-sensitive, … Continue Reading

RANDomness — Microsoft-Motorola RAND jury trial is underway

Posted in District Courts, Litigation, RANDomness
Yesterday marked the start of the long-awaited Microsoft-Motorola RAND breach of contract jury trial, taking place before Judge James L. Robart in the Western District of Washington.  Over the next week or so, the jury will hear testimony on whether Motorola breached its IEEE- and ITU-related RAND obligations through its licensing negotiations and course of … 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

Two weeks ahead of Microsoft-Motorola jury trial, summary judgment ruling reduces the issues (but only a little bit)

Posted in Court Orders, District Courts, Litigation
A month ago, we discussed how Microsoft and Motorola filed dueling summary judgment motions in an attempt to eliminate some of the issues from the upcoming RAND breach of contract jury trial in Seattle (currently set to begin August 26).  Judge James L. Robart held an oral argument on July 31, and this morning, his … Continue Reading

Chipmakers LSI and Agere get a partial preliminary win at the ITC, but not on SEP infringement (Inv. No. 337-TA-837)

Posted in Court Orders, International Trade Commission, Litigation, Non-Practicing Entities
Yesterday, Administrative Law Judge David P. Shaw issued a Notice of Initial Determination in In the Matter of Certain Audiovisual Components and Products Containing Same (No. 337-TA-837), an ITC Section 337 investigation based on an infringement complaint brought by LSI and Agere against Funai, Realtek, and Mediatek (who had previously settled out of the case). … Continue Reading

In Microsoft-Motorola RAND dispute, “good faith and fair dealing” is in the eye of the beholder

Posted in District Courts, Litigation
Later this summer, the second phase of the Microsoft v. Motorola RAND breach of contract trial will take place in Judge James L. Robart’s courtroom in Seattle, WA.  A jury will decide whether Motorola breached its SSO-related RAND licensing obligations by offering what Microsoft deems “blatantly unreasonable” licensing terms for its 802.11- and H.264-essential patents, … Continue Reading

Microsoft wins release of $100M bond in RAND contract dispute with Motorola

Posted in District Courts, Litigation
This past Tuesday, Judge James L. Robart held a telephonic hearing in the Microsoft-Motorola RAND breach of contract dispute taking place in his W.D. Wash. court.  As we discussed last week, the hearing centered on Microsoft’s request that the court release a previously-ordered $100 million bond — a bond that it had required Microsoft to … Continue Reading

RANDomness – Much ado about Microsoft-Motorola

Posted in RANDomness
Over the last several days, a lot of ink (and pixels?) have been spilled about Judge James L. Robart’s April 25 Microsoft v. Motorola RAND royalty-setting opinion.  Here at the Essential Patent Blog, we’ve done an initial dive into Judge Robart’s opinion [LINK], posted a table showing his modified Georgia-Pacific analysis [LINK], and also prepared a handy … Continue Reading

An annotated version of Judge Robart’s Microsoft-Motorola RAND-royalty-setting order

Posted in Court Orders, District Courts, Litigation
By now many of you have at least skimmed through Judge James L. Robart’s 207-page order setting RAND royalty terms for an 802.11- and H.264-essential patent license agreement between Motorola and Microsoft.  You may have noticed that there’s no table of contents (despite the opinion’s considerable length) — and who has the time to sift … Continue Reading

Microsoft-Motorola follow-up: A look at Judge Robart’s modified Georgia-Pacific RAND methodology

Posted in Court Orders, District Courts, Litigation
As we noted yesterday, Judge James L. Robart’s groundbreaking opinion in the Microsoft v. Motorola breach of contract case was the first to set RAND licensing terms for a standard-essential patent portfolio.  While much of the focus in the media has been on the amount of RAND royalties determined by the court, it’s the methodology … Continue Reading

Microsoft-Motorola Update: Washington court sets RAND royalty for Motorola 802.11 and H.264 patent portfolios

Posted in Court Orders, District Courts, Litigation
Today, Judge James L. Robart issued the non-confidential version of his Findings of Fact and Conclusions of Law in Microsoft Corp. v. Motorola, Inc., No. 10-cv-1823 (W.D. Wash.).  This marks the first time that a U.S. court has made a determination of RAND licensing terms for a standard-essential patent portfolio license between two parties.  The … Continue Reading

Washington court sets RAND terms for Motorola’s standard-essential patents (but the public will have to wait a week to see them)

Posted in Court Orders, District Courts, Litigation
Big news today in the Microsoft-Motorola RAND breach of contract dispute taking place before the U.S. District Court for the Western District of Washington.  After the November 2012 bench trial and significant post-trial briefing between the parties on a variety of issues, we finally have an order from the court.  However, we will need to wait another … Continue Reading

Microsoft, Motorola submit final arguments to Washington court on the relevance and effects of Google-MPEG LA AVC/H.264 agreement to a Microsoft-Motorola RAND license

Posted in District Courts, Litigation
A couple of weeks ago, we noted a peculiar minute order emanating from Judge James L. Robart’s courtroom in the Microsoft-Motorola RAND case.  Based on his review of Google’s AVC/H.264 standard-essential patent pool license agreement with MPEG LA, Judge Robart asked the parties to submit short letter briefs addressing two questions regarding the relevance of … Continue Reading

Microsoft-Motorola RAND case update: Microsoft accuses Motorola of violating the Google/FTC consent decree, and a potential H.264 license agreement in Germany

Posted in Court Orders, District Courts, Litigation
Even though the trial in the Microsoft-Motorola RAND dispute took place over three months ago, there’s been a lot going on in Washington lately.  In addition to the arguments regarding the relevance of the Google-MPEG LA AVC/H.264 patent license agreement, recall that a couple weeks ago, Judge James L. Robart granted Motorola’s request to submit … Continue Reading

Microsoft-Motorola judge orders additional briefing on how Google-MPEG LA license agreement may affect RAND terms for Motorola’s H.264 patents

Posted in District Courts, Litigation
Last week, Judge James L. Robart briefly reopened the trial record in the Microsoft-Motorola RAND breach of contract case, in order to allow the parties to submit additional evidence regarding the RAND rate for Motorola’s patents.  Yesterday, Judge Robart issued another short minute order, this time allowing additional briefing on a different issue.  Yesterday’s order … Continue Reading

Apple: Federal Circuit has exclusive jurisdiction over Apple-Motorola FRAND/antitrust appeal

Posted in Appeals, District Courts, Litigation
Yesterday Apple filed its opposition to Motorola’s motion to dismiss or transfer for lack of jurisdiction in Federal Circuit appeal No. 2013-1150.  This is Apple’s appeal of Judge Crabb’s dismissal of the Apple-Motorola FRAND/antitrust action (W.D. Wis. No. 3:10-cv-00178)).  Apple contends that the Federal Circuit has jurisdiction over Apple’s appeal of the dismissal of its declaratory … Continue Reading

Microsoft-Motorola (W.D. Wash.) update: Court invalidates several claims of Motorola H.264-essential patents

Posted in Court Orders, District Courts, Litigation
In an order issued yesterday by the U.S. District Court for the Western District of Washington (that just hit the docket this afternoon), Judge James L. Robart granted Microsoft’s long-pending motion for partial summary judgment and invalidated thirteen claims of three patents Motorola alleged as essential to the AVC/H.264 video coding standard.  Although this ruling … Continue Reading

Preview: Motorola, Microsoft set to debate relevance of Google’s MPEG LA license agreement to RAND terms next week

Posted in District Courts, Litigation
[UPDATE]  Since this post was originally published on January 22, the deadline passed for the parties to submit extrinsic evidence and additional arguments supporting their respective interpretations of the Google-MPEG LA AVC/H.264 license agreement.  Microsoft submitted both a brief and a supporting Declaration of Lawrence A. Horn, who is the President and CEO of MPEG … Continue Reading
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