Following the prior notice of decision (see our Apr. 27, 2015 post), the Public Version is now available of Administrative Law Judge (ALJ) Essex’s Initial Determination On Remand that Nokia mobile phones infringe InterDigital’s patents related to the 3rd Generation Partnership Project (3GPP) standard and that are subject to commitments the patent owner made
International Trade Commission
Judge Essex holds that Nokia’s handsets infringe two of InterDigital’s patents
Yesterday, Administrative Law Judge Essex issued a one-page notice of initial determination holding that Nokia’s 3G mobile handsets infringe the asserted claims of InterDigital’s U.S. Patent Nos. 7,190,966 and 7,286,847 (“the ‘847 Patent”) in the International Trade Commission’s investigation styled In the Matter of Certain 3G Mobile Handsets and Components Thereof (ITC Inv. No. 337-TA-613). …
N.D. Cal. grants patent holder judgment on the pleadings on defendants’ antitrust and unfair competition counterclaims with leave to amend
The Northern District of California recently granted judgment on the pleadings in favor of patent-plaintiff ChriMar Systems, Inc. on antitrust and state law unfair competition counterclaims filed by accused infringers Cisco and Hewlett-Packard (HP). According to the court, the crux of Cisco’s and HP’s counterclaims alleged that ChriMar failed to disclose and commit to license…
Join us Oct. 23 for AIPLA Annual Meeting program on litigating standard essential patents
If you are attending the AIPLA Annual Meeting in Washington, DC this week, please join us at an educational CLE provided by the Standards & Open Source Committee on “Practical Considerations in Litigating Standard Essential Patents” on Thursday, Oct. 23 at 3:30 pm. Our own David Long will be moderating the one-hour panel discussion…
InterDigital Update: ITC issues public version of opinion finding no violation in Inv. No. 337-TA-868
The International Trade Commission issued the public version of its opinion in Inv. No. 337-868, finding no violation by either Nokia or ZTE and terminating the investigation in its entirety. On review, the Commission neither affirmed nor rejected ALJ Essex’s FRAND analysis, which criticized respondents who had not actively sought a license from…
InterDigital Update: ITC issues confidential version of opinion in Inv. No. 337-TA-868
Yesterday, the ITC filed a confidential version its opinion in the InterDigital investigation, Inv. No. 337-TA-868, involving Nokia and ZTE. According to a notice issued in the case last week, the Commission has reviewed ALJ Essex’s Final Initial Determination and terminated the investigation with a finding of no violation by either Nokia or ZTE. As…
InterDigital Update: On review, ITC finds no violation and terminates Inv. No. 337-Ta-868
The ITC has issued a notice in the InterDigital investigation (No. 337-TA-868), indicating that the Commission has reviewed ALJ Essex’s Final Initial Determination reversed certain findings, taken no position on others, and ultimately terminated the investigation with a finding of no violation. ALJ Essex issued his initial ruling on June 13, 2014, finding that neither…
InterDigital submits public interest statement addressing SEPs
InterDigital has submitted its own public interest statement in its ITC case against Nokia and ZTE, Inv. No. 337-TA-868, regarding ALJ Essex’s FRAND analysis. As discussed in our July 9, 2014 post, Ericsson, the Innovation Alliance, Sen. Casey, and Microsoft have submitted their own statements addressing the public interest considerations affected by ALJ…
InterDigital Update: Three of the four third-party public interest statement submissions support ALJ Essex’s patent hold-out oriented FRAND analysis (Inv. No. 337-TA-868)
Four parties have responded to the ITC’s request for statements on the public interest regarding ALJ Essex’s Initial Determination in Inv. No. 337-TA-868 (see our July 2, 2014 post), all addressing the ALJ’s FRAND analysis rejecting arguments against exclusion orders for standard-essential patents and addressing the obligations held by potential licensees. Three of the…
InterDigital Update: No FRAND breach where respondents failed to first seek a license or follow SSO procedure if license not granted (337-TA-868)
The U.S. International Trade Commission (“ITC”) recently issued the public version of ALJ Essex’s Initial Determination in Inv. No. 337-TA-868 finding that InterDigital had not violated any FRAND obligation and that ZTE and Nokia had not infringed the patents-in-suit (see our June 19, 2014 post). Although the patents were found not to be essential…