Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Nokia

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

ITC issues public version of prior opinion that no valid Interdigital 3G patent infringed (Inv. No. 337-TA-800)

Posted in Appeals, International Trade Commission, Litigation, Non-Practicing Entities, Uncategorized
Last week the U.S. International Trade Commission issued the public version  of its decision last December that no valid claim of Interdigital’s 3G patents was infringed by Huawei, Nokia or ZTE and reserving ruling on other issues, such as on RAND obligations (see our Dec. 23,2013 post).  The ITC also gave its Federal Register notice of its decision … Continue Reading

ITC rules no infringement of valid Interdigital 3G patents (Inv. No. 337-TA-800)

Posted in International Trade Commission, Litigation, Non-Practicing Entities
On Dec. 19, the U.S. International Trade Commission (ITC) ruled that Huawei, Nokia and ZTE did not infringe any valid Interdigital alleged 3G patents and, therefore, did not rule on RAND or public interest issues in that investigation (discussed in our prior post).  The ITC is reserving those issues for consideration in due course given the continued … Continue Reading

International Trade Commission to fully review decision finding no violation of Section 337 in InterDigital 3G patent case

Posted in Court Orders, International Trade Commission, Litigation, Non-Practicing Entities
Today, the U.S. International Trade Commission issued its delayed decision on whether it would review ALJ David P. Shaw’s Initial Determination finding no violation of Section 337 in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-800.  (For some background, see our previous post on the ALJ’s Initial … Continue Reading

InterDigital tells the ITC that its 3G patent case presents the “ideal opportunity” to offer guidance on FRAND licensing issues

Posted in International Trade Commission, Litigation, Non-Practicing Entities
As we noted last week, various non-parties have begun submitting statements on the public interest in connection with ITC Inv. No. 337-TA-800, In the Matter of Certain Wireless Devices With 3G Capabilities and Components Thereof.  Over the last several days, both the complainant InterDigital and each of the respondents (Nokia, Huawei, and ZTE) have submitted … Continue Reading

ITC issues public version of recommended determination on remedy and bonding in InterDigital 3G patent case (Inv. No. 337-TA-800)

Posted in Court Orders, International Trade Commission, Litigation, Non-Practicing Entities
Earlier this week, the ITC issued the public version of ALJ David P. Shaw’s Initial Determination finding no violation of Section 337 in in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-800 – the ITC’s investigation into InterDigital’s accusations that Huawei, Nokia, and ZTE infringed several 3G-essential InterDigital patents.  But … Continue Reading

ITC releases public version of ALJ’s Initial Determination in InterDigital 3G patent case (Inv. No. 337-TA-800)

Posted in International Trade Commission, Litigation, Non-Practicing Entities
A month ago, we alerted you to ALJ David P. Shaw’s Initial Determination finding no violation of Section 337 in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-800 – the ITC’s investigation into InterDigital’s accusations that Huawei, Nokia, and ZTE infringed several 3G-essential InterDigital patents.  Yesterday, the ITC finally released … Continue Reading

Huawei, Nokia, and ZTE ask the ITC to vacate findings that InterDigital complied with its ETSI-related FRAND obligations (Inv. No. 337-TA-800)

Posted in International Trade Commission, Non-Practicing Entities
About a month ago, Administrative Law Judge David Shaw issued a Notice of Initial Determination in ITC Inv. No. 337-TA-800, concluding that InterDigital failed to prove that Respondents Huawei, Nokia, and ZTE infringed any valid patent claims that InterDigital asserted as essential to 3G cellular standards (several claims of one patent were found infringed, but invalid). … Continue Reading

Delaware judge pares down FRAND-related counterclaims in InterDigital district court cases

Posted in Court Orders, District Courts, Litigation, Non-Practicing Entities
This past Friday, Judge Richard Andrews of the District Court of Delaware held a hearing on InterDigital’s motions to dismiss several FRAND-related counterclaims in three district court cases InterDigital brought against Huawei, ZTE, and Nokia over 4G-essential patents.  For a brief refresher on the issues raised in InterDigital’s motions to dismiss — which have been … Continue Reading

ITC rules against InterDigital’s claims of 3G-essential patent infringement in preliminary finding

Posted in Court Orders, International Trade Commission, Legislation, Non-Practicing Entities
On Friday, U.S. International Trade Commission Administrative Law Judge David P. Shaw issued a Notice of Initial Determination in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-800.  This investigation was originally instituted nearly two years ago based on a complaint filed by InterDigital against Huawei, Nokia, ZTE, … Continue Reading

Nokia opposes InterDigital’s motion to dismiss FRAND counterclaims

Posted in District Courts, Litigation, Non-Practicing Entities
If all of these InterDigital-related FRAND issues seem hard to keep track of, they are — InterDigital is currently suing Huawei, Nokia, Samsung, and ZTE all in a single ITC action (337-TA-868) and in separate parallel actions in Delaware (as well as some of the same parties in a different ITC case, 337-TA-800, where an … 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

InterDigital seeks dismissal of Nokia’s FRAND counterclaims

Posted in District Courts, Litigation, Non-Practicing Entities
Earlier this month we covered InterDigital’s efforts to dismiss Huawei and ZTE’s FRAND counterclaims, which were asserted against InterDigital in litigations in the U.S. District Court in Delaware.  Yesterday, InterDigital filed another motion to dismiss FRAND-related counterclaims in a different Delaware district court litigation — this time, InterDigital seeks to have Nokia’s FRAND counterclaims dismissed: … Continue Reading

Delaware district court denies motion to expedite FRAND determination in InterDigital case

Posted in District Courts, International Trade Commission, Litigation, Non-Practicing Entities
Last week, we posted about ALJ Robert K. Rogers’ decision to deny the motion brought by Huawei, Nokia, and ZTE to stay InterDigital’s latest standard-essential patent ITC case (Inv. No. 337-TA-868) pending a FRAND determination in district court.  On Thursday March 14, these parties’ efforts to seek an expedited FRAND determination took another blow.  Judge … Continue Reading

ALJ denies motion to stay InterDigital ITC case pending potential FRAND determination

Posted in International Trade Commission, Litigation, Non-Practicing Entities
Late yesterday, Administrative Law Judge Robert K. Rogers issued an order denying the motion brought by Huawei and ZTE (later joined by Nokia) to stay ITC Inv. No. 337-TA-868 pending the outcome of a potential FRAND determination in the District of Delaware.  As we noted in our initial post on this motion, this is not … Continue Reading

ITC Staff opposes motion to stay pending FRAND determination in InterDigital Section 337 investigation (337-TA-868)

Posted in International Trade Commission, Litigation, Non-Practicing Entities
Yesterday we covered InterDigital’s opposition to Huawei, Nokia, and ZTE’s efforts to stay the ITC’s investigation into InterDigital’s latest Section 337 complaint pending a potential FRAND determination in the District of Delaware.  We also noted that the other respondent, Samsung, did not join the motion but stated that it did not oppose such a stay. … Continue Reading

InterDigital opposes Huawei/Nokia/ZTE’s efforts to stay ITC investigation, saying motion is “based on speculation upon speculation”

Posted in International Trade Commission, Litigation, Non-Practicing Entities
Yesterday, InterDigital filed its opposition to Huawei & ZTE’s motion (later joined by another respondent, Nokia) to stay Inv. No. 337-TA-868, which is the ITC’s investigation into InterDigital’s 3G/4G standard-essential patent infringement-based Section 337 complaint.  Much as it did in its prior opposition to Huawei/ZTE’s attempts to seek an expedited FRAND determination in Delaware district … Continue Reading

Huawei, ZTE seek stay of InterDigital 3G/4G ITC investigation

Posted in International Trade Commission, Litigation, Non-Practicing Entities
On Friday we posted about the Answers filed by the respondents in In the Matter Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof (Inv. No. 337-TA-868) — the case better known as InterDigital’s ITC action against Huawei, Nokia, Samsung, and ZTE.  And we’ve previously discussed how Huawei and ZTE are currently seeking an … Continue Reading

Huawei/Samsung/ZTE answer InterDigital’s ITC complaint, assert FRAND-related defenses

Posted in International Trade Commission, Litigation, Non-Practicing Entities
Lately, there’s been a lot of activity in InterDigital-related cases, both in district courts and the ITC.  Aside from the hearing in Inv. No. 337-TA-800 (scheduled to wrap up today), the respondents named in InterDigital’s latest complaint (Inv. No. 337-TA-868) — Huawei, Nokia, Samsung, and ZTE — filed their answers yesterday.  Given InterDigital’s assertion of … Continue Reading

Huawei, ZTE seek expedited FRAND determinations in InterDigital 3G/4G standard-essential patent dispute

Posted in District Courts, International Trade Commission, Non-Practicing Entities
In early January, InterDigital filed a Section 337 complaint in the U.S. International Trade Commission against Huawei, Nokia, Samsung, and ZTE, accusing those companies’ 3G/4G-compliant smartphones and tablets of infringing several InterDigital patents (this is now ITC Inv. No. 337-TA-868).  Because the ITC cannot award monetary relief, it’s common for complainants to also file corresponding … Continue Reading

InterDigital, Nokia ordered to produced FRAND-related and licensing documents in ITC case (337-TA-800)

Posted in Court Orders, International Trade Commission, Litigation
As we noted earlier this week, the ITC is currently holding the evidentiary hearing in its investigation surrounding InterDigital’s 3G standard-essential patent infringement complaint against Nokia, Huawei, and ZTE (Inv. No. 337-TA-800).  As with many ITC hearings, much of the information is kept out of the public record (and that’s particularly true for FRAND-related issues, where sensitive … Continue Reading

ITC begins evidentiary hearing on InterDigital’s 3G standard-essential patent infringement complaint against Huawei, Nokia, ZTE (337-TA-800)

Posted in International Trade Commission, Litigation, Non-Practicing Entities
This morning, at the U.S. International Trade Commission, the hearing commenced in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof (Inv. No. 337-TA-800) before presiding Administrative Law Judge David. P. Shaw.  This case involves the ITC’s investigation into allegations brought by InterDigital that respondents Huawei, Nokia, and ZTE infringe various InterDigital … Continue Reading

Target dates set for Samsung-Ericsson, InterDigital ITC Section 337 SEP investigations

Posted in International Trade Commission, Litigation
The statute that governs the U.S. International Trade Commission’s jurisdiction over patent infringement complaints requires the ITC to resolve its investigations into such complaints “at the earliest practicable time”  Typically, ITC investigations will take anywhere from 12-18 months (depending on complexity, number of patents, etc.) from the institution of the investigation until the “target date,” … Continue Reading

A rundown of pending SEP-related Section 337 investigations at the U.S. International Trade Commission

Posted in Complaints, International Trade Commission, Litigation
The United States International Trade Commission (ITC) is a quasi-judicial agency with broad investigative powers relating to trade practices.  These powers include the ability to investigate unfair trade practices relating to the importation of products that infringe valid U.S. patents — so-called “Section 337 actions” (Section 337 actions can encompass other conduct, but are commonly … Continue Reading
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