Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: LTE

N.D. Cal. excludes expert damages testimony that based royalty rate on patents’ hold-up value

Posted in Court Orders, District Courts, Litigation
With standard-essential-patent (SEP) damages discussions frequently focused on how to calculate a RAND rate, one can sometimes forget that not all SEPs are subject to [F]RAND obligations, which raises the issue whether and to what extent a reasonable royalty rate would be different between RAND and non-RAND encumbered patents. Last week, N.D. Cal. Judge Lucy Koh issued a … Continue Reading

German Patent Monetization Entity, IPCom, Seeking $2 Billion from Apple for SEP Infringement

Posted in Litigation, Miscellaneous
In the midst of ongoing litigation against Nokia and HTC abroad, German patent monetization firm IPCom’s claim of patent infringement against Apple will be heard before Germany’s Mannheim Regional Court next Tuesday, February 11 (see our Januray 2013 post for some additional information on how patent litigation and RAND issues are handled in Germany).  IPCom … Continue Reading

ALJ agrees to dismiss Adaptix’s complaint and investigation against Ericsson (Inv. No. 337-TA-871)

Posted in International Trade Commission, Litigation, Non-Practicing Entities, Uncategorized
Last week Administrative Law Judge (ALJ) Gildea granted Adaptix’s motion to withdraw its Complaint and investigation of Ericsson’s alleged infringement of patents alleged to cover LTE standards used by Ericsson’s base stations (see our prior posts discussing Adaptix’s motion and Ericsson’s response). ALJ Gildea’s ruling was short and succinct, noting–but not opining on–Ericsson’s assertion that Adaptix … Continue Reading

Ericsson asserts that Adaptix is withdrawing its ITC Complaint under threat of a motion for sanctions given unsubstantiated claims (Inv. No. 337-TA-871)

Posted in International Trade Commission, Litigation, Non-Practicing Entities, Uncategorized
Today Ericsson filed its response to Adaptix’s sudden motion to withdraw its Complaint and terminate the ITC’s investigation of whether Ericsson’s base stations infringe an Adaptix patent alleged to cover cellular LTE standards.  Recall from our post last week that it was not clear why Adaptix made this extraordinary step on the eve of trial. Ericsson’s response … Continue Reading

Court Precludes Defendants From Raising FRAND Obligation After Dropping That Affirmative Defense

Posted in Court Orders, District Courts, Litigation, Uncategorized
The Court presiding over Wi-LAN’s patent infringement litigation against HTC and Exedea recently entered an order memorializing the court’s oral rulings on various pre-trial motions and disputes during a September 26, 2013 pre-trial hearing, including whether Wi-LAN’s alleged failure to offer a license on FRAND terms remained an issue in the case after defendants voluntarily withdrew … Continue Reading

Ericsson asks ITC Administrative Law Judge David P. Shaw for an express FRAND determination in Samsung cellular/WiFi patent dispute (Inv. No. 337-TA-862)

Posted in International Trade Commission, Litigation
Ericsson is a company that holds a significant number of standard-essential patents, and often seeks to monetize and enforce them.  (They were just awarded infringement damages in Texas, and they’re engaged in an SEP duel with Samsung in the ITC and in Texas).  It wasn’t surprising, then, when Ericsson last week suggested a framework for … Continue Reading

ITC judge rejects Ericsson’s attempt to add FRAND defenses to Adaptix Section 337 case (337-TA-871)

Posted in Court Orders, International Trade Commission, Litigation, Non-Practicing Entities
Back in January, we alerted you to a patent infringement case brought in the U.S. International Trade Commission by Acacia Research subsidiary Adaptix.  Adaptix accused Ericsson of infringing U.S. Pat. No. 6,870,808, which Adaptix asserted to be essential to the ETSI 4G Long-Term Evolution (LTE) wireless standard.  The ITC later instituted the investigation as In the Matter … Continue Reading

Intellectual Ventures sues Motorola Mobility over patents relating to WiFi, cellular standards (and others)

Posted in Complaints, Litigation, Non-Practicing Entities
Back in 2011, Intellectual Ventures fired off a patent infringement complaint against Motorola Mobility in the District of Delaware.  That case is scheduled to go to trial early in 2014  But today, Intellectual Ventures upped the ante, announcing that it has filed a second patent infringement complaint against Google subsidiary Motorola Mobility, choosing this time to file … 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

Samsung-Ericsson standard-essential patent battle heats up as Samsung asserts additional patents in E.D. Tex.

Posted in District Courts, Litigation
For the last few months, Samsung and Ericsson have been engaged in a wide-ranging patent infringement skirmish, both in the Eastern District of Texas and in the U.S. International Trade Commission (Inv. Nos. 337-TA-862, 337-TA-866).  Many of the infringement assertions in these cases relate to the 4th-generation Long-Term Evolution (LTE) wireless communications standard, as well … Continue Reading

Ericsson to ITC: Samsung breached its ETSI FRAND obligations for asserted 4G LTE patents (Inv. No. 337-TA-866)

Posted in International Trade Commission, Litigation
On Friday, March 8, Ericsson filed the (redacted) public version of its answer to Samsung’s Complaint and the Notice of Investigation in In the Matter of Certain Wireless Communications Equipment and Articles Therein (Inv. No. 337-TA-866).  This ITC Section 337 investigation is based on a January 2013 complaint from Samsung that alleges Ericsson’s 4G LTE-compatible … Continue Reading

ITC institutes investigation into Acacia subsidiary Adaptix’s 4G-essential complaint against Ericsson (337-TA-871)

Posted in International Trade Commission, Litigation, Non-Practicing Entities
Yesterday the U.S. International Trade Commission announced that it has instituted a Section 337 investigation titled Certain Wireless Communications Base Stations and Components Thereof, Inv. No. 337-TA-871.  This investigation is based on a complaint filed on January 24, 2013 by Adaptix, Inc. (a subsidiary of noted publicly-traded non-practicing entity Acacia Research) against Ericsson.  The complaint … Continue Reading

Samsung responds to Ericsson’s ITC complaint, accuses Ericsson of violating F/RAND obligations (337-TA-862)

Posted in International Trade Commission, Litigation
We’ve previously covered the bilateral standard-essential patent battle brewing between Ericsson and Samsung in the U.S. International Trade Commission (as well as the Eastern District of Texas).  The ITC has instituted two investigations surrounding the parties’ claims: Inv. No. 337-TA-862 (based on Ericsson’s complaint) and Inv. No. 337-TA-866 (based on Samsung’s complaint).  Yesterday, Samsung filed … Continue Reading

Acacia Research subsidiary Adaptix files new ITC complaint accusing Ericsson of infringing 4G LTE-essential patent

Posted in Complaints, International Trade Commission, Litigation
Assertion of standard-essential patents are all the rage at the ITC these days, with an upcoming trial on InterDigital’s claims (Inv. No. 337-TA-800), another recent complaint filed by InterDigital, dueling Ericsson-Samsung complaints, and the highly anticipated Final Determination in ITC Inv. No. 337-TA-794 involving Apple and Samsung due in March.  And today, a company named … Continue Reading

Steelhead Licensing expands cellular-essential patent assertion activities

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities
Early in January we noted that a non-practicing entity named Steelhead Licensing had filed a number of complaints for patent infringement against various wireless device manufacturers and cellular carriers.  Of particular note in those suits was that the patent at issue in all of the actions — U.S. Pat. No. 5,491,834, entitled “Mobile Radio Handover Initiation … Continue Reading

Steelhead Licensing LLC files suit claiming wireless equipment makers and cellular carriers infringe cellular-essential patent

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities
On Friday, January 4, 2013, a non-practicing entity named Steelhead Licensing LLC filed a litany of SEP-related lawsuits in the United States District Court for the District of Delaware against various wireless device manufacturers and cellular carriers.  Each of the entities is accused of infringing a single, soon-to-expire (on Feb. 13) patent — U.S. Pat. … Continue Reading
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