Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Samsung

Samsung settles IEEE 802.3 patent dispute with US Ethernet Innovations

Posted in District Courts
Non-practicing entity US Ethernet Innovation’s (“USEI”) infringement action against Samsung was brought to a close last Friday, with E.D. Tex. Judge Michael H. Schneider granting the parties’ joint motion for dismissal with prejudice. USEI filed this action against Samsung and peripheral printing device manufacturer OKI Data Americas on June 22, 2012, alleging that certain OKI and … Continue Reading

Judge Koh dismisses without prejudice Samsung’s standard essential patents and Apple’s related FRAND defenses (5:12-cv-630)

Posted in Court Orders, District Courts, Litigation
Judge Koh recently granted Apple and Samsung’s stipulated request to dismiss without prejudice Samsung’s claims that Apple infringes certain declared-standard essential patents (SEPs) and Apple’s related FRAND defenses and counterclaims.  There is no indication in the filing that the parties are negotiating a settlement as to those SEPs, though that’s always a possibility.  The stipulation does … Continue Reading

U.S. Dept. of Justice closes investigation of Samsung’s assertion of standard essential patents

Posted in Antitrust, Federal Trade Commission, Uncategorized
On Friday, the U.S. Department of Justice (“DOJ”) announced that it was closing its investigation into Samsung’s use of standard essential patents, which investigation had “focused on Samsung’s attempts to use its SEPs to obtain exclusion orders from the [ITC] relating to certain iPhone and iPad models.”  DOJ stated that further investigation was no longer … Continue Reading

Apple Argues SEP Issues to Federal Circuit in Samsung ITC Appeal

Posted in Appeals, International Trade Commission, Litigation
Last week, Apple filed its brief as an intervenor in the Federal Circuit appeal involving Samsung’s stymied ITC case against Apple (Inv. No. 337-TA-794).  Arguing the ITC’s finding of no violation should be affirmed with respect to the one patent-at-issue, Apple’s brief raised a number of SEP issues involving Samsung’s involvement with the IETF and the … Continue Reading

Ericsson and Samsung settle SEP disputes with cross-license plus money

Posted in Litigation
Ericsson announced a global cross-license settlement agreement with Samsung for patents relating to GSM, UMTS and LTE standards, which settlement includes two ITC investigations and litigation in E.D. Tex. that we have followed.  Reports estimate that, in addition to exchange of consideration such as cross-licenses, Samsung will make an upfront payment to Ericsson of $650 million along … 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

Samsung tells ITC that in light of USTR veto, Ericsson should drop its standard-essential infringement claims (Inv. No. 337-TA-862)

Posted in Litigation
A couple weeks ago, we noted that Ericsson had submitted a Notice of New Authority in its ITC case against Samsung (Inv. No. 337-TA-862) concerning the USTR’s recent disapproval of the exclusion order in ITC Inv. No. 337-TA-794.  In this Notice of New Authority, Ericsson requested that presiding Administrative Law Judge David P. Shaw make … Continue Reading

RANDomness

Posted in RANDomness
InsideCounsel magazine recently published an article of ours, titled “Establishing Federal Rules of Patent Procedure“.  This article is the first in a three-part series in which we examine certain “patent reforms” that have been proposed in response to the perceived rise in assertions by non-innovative patent assertion entities.  In this article, we look at the … 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

RANDomness

Posted in RANDomness
On Friday, the U.S. International Trade Commission issued a Notice of a Final Determination and issuance of a Limited Exclusion Order and Cease and Desist Order against Samsung in Inv. No. 337-TA-796, finding that Samsung infringed two Apple patents relating to multi-touch functionality and headphone jack input/output detection.  (The ITC cleared Samsung of allegations relating … Continue Reading

Webinar: Practical Considerations & Industry Perspectives in Applying Recent FRAND Rulings — TODAY at 12:30pm EDT

Posted in Miscellaneous
The world of standard-essential patent litigation has seen some significant upheaval over the past few months, particularly with the Microsoft-Motorola RAND-setting ruling and the ITC’s exclusion order in Samsung-Apple (and the USTR’s subsequent veto).  Today there will be a complimentary webinar in conjunction with the American Intellectual Property Law Association’s (AIPLA) Standards & Open Source Committee, … Continue Reading

What does the U.S. Trade Representative’s disapproval of the Samsung-Apple exclusion order mean for SEP cases at the ITC?

Posted in International Trade Commission, Litigation
Yesterday, we covered some of the wide-ranging reaction to U.S. Trade Representative Michael Froman’s decision to veto the ITC’s exclusion order in Inv. No. 337-TA-794.  One recurring theme was the question of what this ruling might mean for other SEP-related Section 337 cases that are currently at the ITC (or may be brought in the … Continue Reading

A round-up of reactions to the USTR’s veto of the ITC’s exclusion order in Inv. No. 337-TA-794

Posted in International Trade Commission, Litigation, Miscellaneous
Even though it was released on a Saturday, U.S. Trade Representative Michael Froman’s disapproval of the exclusion and cease & desist orders in ITC Inv. No. 337-TA-794 has understandably generated a lot of chatter in industry and the patent world.  Many are hailing the decision, while others disagree with the veto and/or believe it should … Continue Reading

U.S. Trade Representative vetoes exclusion order in Samsung-Apple ITC case (Inv. No. 337-TA-794); no iPhone/iPad ban

Posted in International Trade Commission, Litigation
Today, U.S. Trade Representative (USTR) Michael Froman issued his long-anticipated decision regarding the U.S. International Trade Commission’s exclusion order in ITC Inv. No. 337-TA-794 involving Samsung and Apple.  And as you may have heard by now, the verdict is… The exclusion order has been “disapproved of” — i.e., overturned, vetoed, not going to go into … Continue Reading

Reminder: Complimentary 8/7/2013 webinar offering industry perspectives on recent FRAND-related cases

Posted in Miscellaneous
As we told you last week, there will be a free upcoming webinar in conjunction with the AIPLA Standards and Open Source Committee.  The webinar will feature a panel of attorneys and industry professionals discussing the consequences that may stem from decisions in some recent standard-essential patent cases of note, including the RAND breach of … 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

An annotated version of the ITC’s decision in the Samsung-Apple case (Inv. No. 337-TA-794)

Posted in Court Orders, International Trade Commission, Litigation
Earlier this week, we took a quick look at the U.S. International Trade Commission’s landmark opinion in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (Inv. No. 337-TA-794) — and we promised an annotated version of the Commission’s rather lengthy opinion.  Well, without further ado… … Continue Reading

ITC releases public version of the Commission opinion (and dissent) in Samsung-Apple case (337-TA-794)

Posted in Court Orders, International Trade Commission, Litigation
Late last week, the ITC finally released the public version of its Final Determination and Commission Opinion in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (Inv. No. 337-TA-794) — the case where the Commission last month issued a controversial exclusion order based on … 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

Apple, Samsung take their standard-essential patent battle to the U.S. Trade Representative

Posted in International Trade Commission, Litigation
Earlier this month, the ITC issued a landmark decision and exclusion order, ruling that certain Apple products should be excluded from entry into the United States because they infringe a Samsung 3G-essential patent.  As we explained in a follow-up post, the ITC doesn’t have the final word, though — by law, the President has the … Continue Reading

Newly-public letter to ITC shows lawmakers’ concern over standard-essential patent issues

Posted in International Trade Commission, Litigation
By now, it’s really no surprise to those who pay attention to SEP issues that certain lawmakers have their eyes on the standard-essential patent world, as well.  Although non-practicing entity issues generally grab headlines these days, Congress does make some time for SEPs, too.  One example of this just became public — a May 21, … 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
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