Court Orders

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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…

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…

Last week, District of Nebraska judge Joseph F. Bataillon entered an order preliminarily enjoining the Nebraska Attorney General (AG) from enforcing a cease and desist order that would prevent or impede the law firm of Farney Daniels from representing patent assertion entity MPHJ Technology Investments, LLC (MPHJ) to license or litigate MPHJ’s U.S. patents with…

Today, the U.S. Supreme Court issued its opinion in Medtronic, Inv. v. Mirowski Family Ventures, LLC, unanimously reversing the Federal Circuit’s decision below and resolving two issues that are commonly disputed in the lower courts.  First, the Court held that the Federal Circuit had subject-matter jurisdiction over an appeal of an action for a…

On New Year’s Eve, Magistrate Judge Stephen Crocker of the W.D. Wis. ruled that a patent pool’s demand letter listing hundreds of standard-essential-patents was not enough for the patent owner to provide its recipients with actual notice of alleged acts of patent infringement under the patent statute.  Ruling on Defendants’ Motion for JMOL regarding pre-suit…

Judge Whyte recently issued his final ruling on Daubert and other evidence regarding RAND issues for the upcoming Realtek v. LSI jury trial based on his tentative ruling discussed in our Nov. 14 post.  Judge Whyte basically kept his tentative rulings and bases thereof, as discussed in our prior post.  He did provide additional…

Yesterday Judge Stark followed an approach used by Judge Holdeman in the Innovatio WiFi case by bifurcating FRAND issues from liability where essentiality and a RAND royalty rate will be tried first in hopes the result will spur settlement, followed by discovery and trial on liability issues if still necessary.  Recall that this case arose…

Yesterday Judge Whyte issued an Order with tentative rulings on motion’s in limine and Daubert motions for the upcoming Realtek v. LSI trial where the jury will determine (1) a RAND rate, (2) damages based on the court’s prior ruling that LSI breached its RAND obligations by seeking an exclusion order at the ITC before…

Today Judge Robart issued an Order certifying a Rule 54(b) judgment in the Microsoft v. Motorola case where he had issued a first of its kind RAND rate ruling on Motorola H.264 and 802.11 standard essential patents (SEPs) and sustained the jury verdict that Motorola breached its RAND obligations in offering a license to Microsoft. …

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…