Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: NPEs

Back to state court: Vermont’s unfair competition suit premised solely on state law

Posted in Court Orders, Legislation, Non-Practicing Entities
After being removed to federal district court last May, the Vermont Attorney General’s suit against non-practicing entity MPHJ is being sent back to state court. The decision holds that the AG’s unfair competition claims arising from MPHJ’s patent enforcement efforts belong in state court and raises the question of whether other patent demand letter jurisprudence will … Continue Reading

Senate postpones vote on patent reform bill until after recess

Posted in Legislation, Non-Practicing Entities
The Senate Judiciary Committee was scheduled to mark-up and vote on the Patent Transparency and Improvements Act of 2013 last Thursday but again postponed the vote until after the Senate recess.  The mark-up and vote have been postponed several times before.  As we discussed in a prior post, the bill, if passed would require patent-plaintiffs to disclose ownership information … Continue Reading

Update on patent litigation reform legislation

Posted in Federal Trade Commission, Legislation, Non-Practicing Entities
Hopefully the current patent reform effort to address perceived patent litigation abuse problems will result in carefully targeted tweaks to–without harming–our otherwise thriving U.S. patent system, the greatest system for innovation that the world has ever known (see our Patent Forest post).  The Senate is currently considering this balance.  The Senate Judiciary Committee was scheduled … Continue Reading

Senate Judiciary Committee to Debate Bipartisan Patent Reform Legislation

Posted in Federal Trade Commission, Legislation, Non-Practicing Entities
As we discussed in a prior post, the U.S. Senate is currently debating a patent reform bill (“the Innovation Act”) passed by the House of Representatives late last year directed to perceived patent litigation abuse by certain patent assertion entities (what some characterize as “patent trolls”).  The Senate is also debating a competing bill (“the … Continue Reading

Wisconsin Passes Bill Targeting Bad Faith Assertions of Patent Infringement

Posted in Legislation, Non-Practicing Entities
Last week, the Wisconsin state Assembly voted to approve a bill designed to rein in abusive assertions of patent infringement against companies doing business in Wisconsin and their customers.  The bill was approved by the Wisconsin state Senate earlier this month, and will now be presented to the governor for signature. As we discusssed in a prior post, Virginia, Oregon … Continue Reading

Patent Case: Federal Circuit denies mandamus in two cases seeking transfer of patent assertion entity cases

Posted in Appeals, Court Orders, Litigation, Non-Practicing Entities, Patent Alerts
Yesterday, in two separate precedential decisions on mandamus, the Federal Circuit refused to overturn the district courts’ decisions not to transfer patent assertion entity cases to the defendants’ home forum: In re Apple, Misc. 13-156 (mandamus from E.D. Tex.) and In re Barnes Noble, Misc. 13-162 (mandamus from W.D. Tenn.).  Both mandamus orders were decided by the … Continue Reading

Rockstar sued by cable operators for breaching standard setting obligations

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities, Uncategorized
Last Friday, several cable operators filed a Complaint against Rockstar in D. Del. alleging that Rockstar’s assertion against them of patents breached obligations owed to various standard setting organizations (“SSOs”) based on prior owner Nortel’s commitment to license patents on RAND, FRAND or royalty-free terms.  Our Jan. 2 and Nov. 1 posts discussed Rockstar’s purchase of Nortel’s patents … 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

Adaptix moves to withdraw its complaint and terminate ITC investigation of Ericsson’s alleged infringement of LTE patent (Inv. No. 337-TA-871)

Posted in International Trade Commission, Litigation, Non-Practicing Entities, Uncategorized
Yesterday Adaptix moved to withdraw its complaint and terminate the ITC investigation of Ericsson for infringing Adaptix’s patent alleged to be essential to LTE standards practiced by Ericsson base stations.  The motion does not explain the reason for withdrawal and comes at a time when the parties have been in heavy pre-trial procedures and at the … Continue Reading

Radio stations sued on alleged HD radio standard essential patents

Posted in District Courts, Litigation, Non-Practicing Entities, Uncategorized
Lest we forget the prevalence of standards in many industries beyond smartphones and Wi-Fi, last Friday (Nov. 1), several radio stations were sued by patent monetization entity Wyncomm in D. Del. for infringing three patents alleged to cover “transmission of radio broadcasts using HD radio techniques further described by the IBOC [In-Band/On-Channel] Digital Radio Standard” … Continue Reading

Rockstar’s Halloween lawsuit against Google and Android device makers skirts standard essential patents?

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities, Uncategorized
Yesterday, the Rockstar Consortium (and its subsidiaries MobileStar Technologies LLC and NetStar Technologies LLC) sued Google and several Andriod device manufactures (Asustek, HTC, Huawei, LG, Pantech, Samsung and ZTE) in E.D. Tex. on several patents that Rockstar had acquired in July 2011 out of the Nortel bankruptcy. You may recall that Rockstar is a consortium that, according to Rockstar’s corporate … Continue Reading

Reminder/Correction: Complimentary Webinar Thu. Noon on Lessons Learned From Litigated Royalty Rates on Standard Essential Patents

Posted in Court Orders, District Courts, Litigation, Non-Practicing Entities, Uncategorized, Webinar
Reminder (and correcting some email notices) that the Essential Patent Blog and Kelley Drye & Warren LLP will host a complimentary webinar on Thursday, Oct. 17 at 12pm Eastern to discuss the import of Judge Holderman’s Oct. 3 RAND opinion in the Innovatio IP Ventures Patent Litigation and comparison with Judge Robart’s RAND methodology from the Microsoft v. Motorola litigation.  Some … Continue Reading

Complimentary Webinar: Lessons Learned From Litigated Royalty Rates on Standard Essential Patents

Posted in Court Orders, District Courts, Litigation, Non-Practicing Entities, Uncategorized, Webinar
Please join the Essential Patent Blog and Kelley Drye & Warren LLP for a complimentary webinar on Thursday, Oct. 17 at 12:00pm Eastern to discuss the import of Judge Holderman’s recent RAND decision in the In re Innovatio IP Ventures, LLC Patent Litigation.  Judge Holderman’s October 3rd decision is only the second U.S. district court … 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

Appropriate royalty base for standard-essential patents a disputed issue in Innovatio IP Ventures bench trial

Posted in District Courts, Litigation, Non-Practicing Entities
Another week, and another standard-essential patent trial.  Whereas last week brought us the jury’s verdict finding a RAND breach in the Microsoft-Motorola case, the trial this week relates to a determination of the appropriate RAND royalty rate for Innovatio IP Ventures, LLC’s WiFi-essential patent portfolio (consisting of patents previously owned by Broadcom). You may recall … 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

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

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

RANDomness

Posted in RANDomness
Last week, the U.S. Supreme Court issued its unanimous opinion in Association for Molecular Pathology v. Myriad Genetics, where the Court held that Myriad’s claims on isolated genes were not patent-eligible subject matter under Section 101.  Patently-O has a good round-up on the decision, as well as some thoughts from various members of the patent … Continue Reading

WiFi equipment suppliers Cisco and HP step in and file declaratory judgment actions against Innovative Wireless Solutions LLC

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities
Earlier this week, we provided an update on the multitude of WiFi-related infringement lawsuits brought by non-practicing entity Innovative Wireless Solutions LLC against various hotels and restaurants in Texas, noting that IWS had dismissed these suits (albeit without prejudice).  We had discussed that this was a decidedly “un-Innovatio-like” turn in the cases — but yesterday … Continue Reading

Innovative Wireless Solutions dismisses dozens of WiFi-related infringement lawsuits brought against hotels & restaurants

Posted in District Courts, Litigation, Non-Practicing Entities
In late April we shared with you the litigation activities of Innovative Wireless Solutions LLC, a non-practicing entity that filed 40+ lawsuits in the Eastern District of Texas against a variety of hotels, hotel chains, and restaurants/coffee shops/delis.  IWS asserted that by providing wireless interest service to their customers, these defendants infringed three patents originally owned … Continue Reading

MPHJ Technology Investments seeks removal of Vermont consumer protection action to federal court

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities
We’re going to take a brief time-out from SEP issues here for a short update on a case that’s being watched with interest by many in the patent world — the Vermont Attorney General’s consumer protection action brought last month against MPHJ Technology Investments, the so-called “scanner patent troll.” (For details on the complaint filed … Continue Reading

PatentMarks Communications asserts that devices transferring files over cellular or WiFi networks infringe newly-issued patent

Posted in Complaints, District Courts, Litigation, Non-Practicing Entities
On June 4, a patent holding company named PatentMarks Communications LLC filed patent infringement lawsuits in the District of Delaware against a slew of electronics companies.  The companies accused of infringement include at least Dell, Futurewei, HTC, Kyocera, LG, Motorola Mobility, Sony Ericsson, Samsung, and ZTE.  (The complaint against HTC [LINK here] is exemplary).  PatentMarks … Continue Reading

Vermont Attorney General files suit against notorious scanner non-practicing entity

Posted in Litigation, Miscellaneous, Non-Practicing Entities
We’re going to take a quick time-out from standard-essential patent issues for a minute for a brief post on non-practicing entities.  These NPEs are getting more and more attention from industry, regulators, and Congress, with a multitude of recent legislation (e.g., the SHIELD Act, the Patent Quality Improvement Act and the End Anonymous Patents Act) being introduced to address NPE-related issues. … Continue Reading
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