- The Federal Circuit denied Apple’s petition for an en banc rehearing of its prior denial of a preliminary injunction against Samsung based on Apple’s failure to demonstrate a “causal nexus” between infringement and irreparable harm. However, Apple still has an appeal pending of a denial of a permanent injunction against Samsung. (Bloomberg)
- Yesterday the ITC announced that it is has instituted a Section 337 investigation based on Interdigital’s complaint filed against Samsung, Huawei, Nokia, and ZTE, in which Interdigital alleged that those parties infringe several 3G/4G standard-essential patents. The investigation will be No. 337-TA-868, and the presiding Administrative Law Judge will be ALJ Robert K. Rogers. As we suspected, the ITC did not find the assertion of standard-essential patents precluded instituting an investigation (despite many arguments to the contrary).
- Professor Damien Gerardin has released a new paper addressing the competition law issues that have arisen in Europe relating to licensing and assertion of standard-essential patents in litigation. (via Antitrust Hotch Potch).
- On the smartphone wars front, Judge Lucy Koh of the Northern District of California overruled the jury’s conclusion that Samsung willfully infringed Apple’s patents and declined to award Apple damages above and beyond the $1 billion+ jury award. Judge Koh still has yet to rule on Samsung’s request to reduce the jury’s award. More from ArsTechnica and CNET.
- And in shameless plug news, David Long and Matt Rizzolo wrote a short piece for AllThingsD on the implications that the Federal Circuit’s remedy-narrowing decisions in Laserdynamics v. Quanta and Apple v. Samsung may have for future patent litigation. (AllThingsD).