Essential Patent Blog

Essential Patent Blog

The Source for Standard-Essential and Other Patent Litigation Issues

Tag Archives: Section 337

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

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

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

ITC to review ALJ’s entire initial determination including FRAND ruling in LSI-Realtek 337 case (Inv. No. 337-TA-837)

Posted in International Trade Commission, Litigation, Uncategorized
Last week (Thu. Oct. 17, 2013), the International Trade Commission (ITC) issued a Notice that it will review “in its entirety” Administrative Law Judge Shaw’s initial determination (ID) that found no infringement of LSI’s 802.11 and H.264 standard essential patents (SEPs), but otherwise rejected RAND-based defenses, as discussed in our prior post. The ITC notice includes requests that … 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

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 releases public versions of Initial and Recommended Determinations in Realtek-LSI Section 337 case (Inv. No. 337-TA-837); SEP issues abound

Posted in International Trade Commission, Litigation
Last month, the ITC issued a Notice of ALJ David P. Shaw’s Final Initial Determination on Violation in In the Matter of Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837), the investigation into LSI/Agere’s allegations that Realtek and Funai infringed 802.11-essential and H.264-essential patents (as well as one non-SEP).  The ITC found … 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

In wake of USTR veto, Ericsson proposes framework for the ITC evaluate FRAND considerations in standard-essential patent cases: “conditional” exclusion orders

Posted in International Trade Commission, Litigation, Non-Practicing Entities
The U.S. Trade Representative’s recent disapproval of the ITC’s exclusion order in Inv. No. 337-TA-794 has generated a lot of discussion and uncertainty about the future enforcement of standard-essential patents at the U.S. International Trade Commission. But it seems generally accepted that going forward, both the Commission and litigants are going to have do a … 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

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

Chipmakers LSI and Agere get a partial preliminary win at the ITC, but not on SEP infringement (Inv. No. 337-TA-837)

Posted in Court Orders, International Trade Commission, Litigation, Non-Practicing Entities
Yesterday, Administrative Law Judge David P. Shaw issued a Notice of Initial Determination in In the Matter of Certain Audiovisual Components and Products Containing Same (No. 337-TA-837), an ITC Section 337 investigation based on an infringement complaint brought by LSI and Agere against Funai, Realtek, and Mediatek (who had previously settled out of the case). … 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

Federal Circuit reverses ITC decision to terminate LG Electronics from InterDigital 3G patent case (337-TA-800)

Posted in Appeals, Court Orders, International Trade Commission, Litigation, Non-Practicing Entities
Later this month, Adminstrative Law Judge David P. Shaw is expected to issue an Initial Determination in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof (Inv. No. 337-TA-800), which is the ITC’s Section 337 investigation into InterDigital’s allegations of 3G-essential patent infringement by Huawei, LG Electronics, Nokia, and ZTE.  The upcoming ID, … Continue Reading

U.S. International Trade Commission expected to rule tomorrow on availability of exclusion orders for infringement of FRAND standard-essential patents (337-TA-794)

Posted in Court Orders, International Trade Commission, Litigation
Spring has been an interesting time in the world of standard-essential patent litigation.  Last month brought us Judge Robart’s groundbreaking RAND-setting opinion in Microsoft v. Motorola; this month, it’s the ITC’s turn.  Tomorrow is the (thrice-extended) target date in   In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing … Continue Reading

House Judiciary Subcommittee hearing on abusive patent litigation and the ITC focuses on non-practicing entities, litigation costs, and remedies

Posted in International Trade Commission, Legislation, Miscellaneous, Non-Practicing Entities
This afternoon, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet held a hearing titled “Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job Creation at the International Trade Commission and Beyond.”  This hearing comes on the heels of a broader hearing on abusive patent litigation held by the same committee … Continue Reading
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