Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Injunctive Relief

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

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

Patent Case Alert: Federal Circuit provides more guidance on injunctive relief involving multi-component devices in Apple v. Samsung

Posted in Appeals, Litigation, Patent Alerts, Uncategorized
Today the Federal Circuit issued a decision that reversed and remanded the denial of Apple’s request to permanently enjoin Samsung mobile devices found to infringe Apple patents.  This decision appears more flexible than the court’s prior rejection of a preliminary injunction in this case with respect to establishing a casual nexus between the alleged infringement and the alleged … 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

National Academy of Sciences Publishes Report and Recommendations on Standard Essential Patents

Posted in Miscellaneous, Uncategorized
The National Academy of Sciences has published a 140-page report entitled “Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology.”  The report presents several suggestions to standard setting organizations (SSOs) or government bodies regarding standard essential patents (SEPs) in a few topic areas: Interpretation of FRAND: Suggests that SSOs clarify … 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

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

Microsoft amicus brief supports Apple, cautions Federal Circuit about breadth of ruling in Apple-Motorola appeal

Posted in Appeals, Litigation
Last week, the Federal Circuit granted a motion by Microsoft for permission to file an amicus brief in the Apple-Motorola appeal (No. 12-1548, Judge Posner edition).  Microsoft then filed its amicus brief, becoming the latest in a long time of companies (see, e.g., here, here, here, and here) to weigh in on the case.  Today, … 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

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

Apple asks Federal Circuit to affirm Judge Posner’s denial of injunctive relief and damages for Motorola FRAND-pledged standard-essential patents

Posted in Appeals, District Courts, Litigation
Much of the activity and attention in the standard-essential patent world over the last few days has been focused on Judge James L. Robart’s groundbreaking decision in the Microsoft-Motorola RAND breach of contract case.  But that wasn’t the only RAND-related bit of news happening this past Thursday — that same day, in the Federal Circuit, … 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

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

New ITC briefs filed by Apple, Samsung demonstrate fundamental dispute over standard-essential patents and meaning of FRAND

Posted in International Trade Commission, Litigation
Last week, both Apple and Samsung filed their initial submissions in response to the U.S. International Trade Commission’s March 13 order for additional briefing in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Table Computers (Inv. No. 337-TA-794).  In a post last Friday, we discussed … 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

More amici support Apple’s opinion of FRAND: Business Software Alliance and law professors give their views

Posted in Appeals, Litigation
Last week we discussed a couple of amicus briefs in the Apple-Motorola Federal Circuit appeal that addressed standard-essential patent issues.  Intel supported Apple’s view that injunctions should generally not be available for FRAND-pledges SEPs, while Qualcomm supported Motorola’s contention that there is no such blanket restriction.  In this post, we’ll address two more briefs, both … Continue Reading

Qualcomm sides with Motorola on FRAND/SEP issues in Apple v. Motorola Federal Circuit appeal

Posted in Appeals, Litigation
Earlier today we summarized the amicus brief filed by Intel in the Apple v. Motorola Federal Circuit appeal, and we noted that a number of other not-yet-publicly-available amicus briefs were also filed with the court.  Today, the amicus brief filed by Qualcomm hit the docket — and out of all of the recent amicus briefs, … Continue Reading

Intel files amicus brief supporting Apple in Federal Circuit appeal of Judge Posner decision

Posted in Appeals, Litigation
Back in January, we summarized a number of amicus briefs filed by a diverse group of companies and organizations concerning the issues in the Apple v. Motorola Inc. Federal Circuit appeal of Judge Posner’s decision to dismiss the parties’ respective patent infringement cases.  We noted that because the Federal Circuit extended the deadline to file … 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
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