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The Court presiding over Wi-LAN’s patent infringement litigation against HTC and Exedea recently entered an order memorializing the court’s oral rulings on various pre-trial motions and disputes during a September 26, 2013 pre-trial hearing, including whether Wi-LAN’s alleged failure to offer a license on FRAND terms remained an issue in the case after defendants voluntarily …

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…

Today the court posted the public version of Judge Holderman’s 89-page ruling on what constitutes RAND for Innovatio’s WiFi patents — posted much sooner than anticipated in our earlier post.  The court applied a modified version of Judge Robart’s methodology to determine the RAND rate to be paid by manufacturers of WiFi equipment for…

Yesterday, Judge Robart issued an Order that denied Motorola’s motion to overturn the jury’s verdict that Motorola breached its RAND obligations in dealing with Microsoft on standard essential patents (SEPs) for IEEE 802.11 WiFi standards and ITU H.264 video compression standards. Judge Robart’s ruling here indicates that assessing compliance with a RAND obligation is a…

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…

A month ago, we discussed how Microsoft and Motorola filed dueling summary judgment motions in an attempt to eliminate some of the issues from the upcoming RAND breach of contract jury trial in Seattle (currently set to begin August 26).  Judge James L. Robart held an oral argument on July 31, and this morning, his order hit the docket (the order is actually dated yesterday — Judge Robart is apparently not taking Sundays off).

[2013.08.11 Order on Microsoft-Motorola SJ Motions]

As you can tell from the title of this post, Judge Robart granted summary judgment on some — but not nearly all — of the issues briefed by the parties.  Both Microsoft and Motorola prevailed on some issues and lost on others.  The bottom line is that the jury will still have a lot to decide in this case.  After the jump, we’ll take a look at how Judge Robart ruled — starting with the motions that he denied.


Continue Reading Two weeks ahead of Microsoft-Motorola jury trial, summary judgment ruling reduces the issues (but only a little bit)

Back in June, we alerted you to a jury verdict handed down in a patent case in the Eastern District of Texas, where the jury awarded Ericsson several million dollars as compensation for infringement of several of its 802.11-essential patents by several manufacturers of WiFi-compliant products and components.  At the time, we noted that the jury only addressed issue of validity, infringement, and damages, with SEP-specific issues being potentially left for presiding Judge Leonard Davis to decide.  (In fact, the court held a bench trial on RAND issues on June 12).  The parties filed post-trial motions for judgment as a matter of law on several issues, and yesterday, Judge Davis issued a lengthy Memorandum Opinion and Order broadly upholding the jury’s verdict.

[13.08.06 (Dkt 615) Ericsson v. D-Link Order on Post-Trial Motions]

As we suspected, some RAND obligation-related issues reared their heads — but Judge Davis rejected the defendants’ RAND-based arguments and defenses.  In doing so, he made some statements that might be construed as a marked departure from the route taken by Judge Robart in the Microsoft-Motorola case.  After the jump, we’ll take a look at what Judge Davis concluded with respect to Ericsson’s RAND obligations.Continue Reading Rebutting Judge Robart? E.D. Tex. Judge Leonard Davis upholds jury damages award on WiFi SEPs, dismisses RAND-related issues (Ericsson v. D-Link)

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…

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).  …

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…