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Today Judge Whyte issued his awaited post-trial rulings following the jury’s RAND determination on LSI’s IEEE 802.11 WiFi patents in which he (1) denied JMOL motions by  both Realtek and LSI, (2) ruled on Realtek’s injunction and declaratory relief requests by denying Realtek’s request to enjoin LSI from seeking to enforce RAND-obligated patents without first…

Yesterday, the Second Circuit in Lotus v. Hon Hai Precision affirmed the district court’s dismissal of antitrust and breach of contract claims arising from foreign activity based on the patent owner not licensing, but asserting in litigation in China, patents subject to FRAND-Z (i.e., royalty free) standard setting obligations.  Consistent with the U.S. Federal Trade…

Today the Supreme Court issued its decision in Limelight v. Akamai, ruling that there is no liability for induced infringement under §271(b) induced infringement “when no one has directly infringed the patent under §271(a) or any other statutory provision,” thus reversing the Federal Circuit’s prior and more permissive standard that simply required that all…

Magistrate Judge Grewal in N.D. Cal. recently issued an Order excluding the testimony of Golden Bridge Technology’s damages expert because it was based on a flawed methodology for determing a fair, reasonable and non-discriminatory (FRAND) royalty rate for the asserted patent alleged to be essential to the 3GPP WCDMA standard.  The primary problem appears to…

Judge Richard Andrews of the District Court of Delaware dismissed Nokia and ZTE’s amended FRAND counterclaims against InterDigital on Wednesday, ruling that the amended declaratory judgment actions would not serve a useful purpose in the context of the parties’ ongoing litigation. Nokia and ZTE’s FRAND counterclaims involve around 500 patents identified to ETSI as possibly…

Last week, Magistrate Judge Grewal in N.D. Cal. denied Apple’s motion for summary judgment that patent owner Golden Bridge Technology was precluded from seeking pre-suit damages due to its alleged failure to comply with the marking statute.  Apple’s summary judgment argument was premised on Golden Bridge’s failure to mark the alleged SEP’s patent number on…

The Grand Panel of the Intellectual Property High Court in Tokyo issued three related decisions in the Samsung Apple dispute on Friday. While the official English versions of the decisions are not yet available, sources are reporting that the Grand Panel ruled Samsung could not obtain injunctive relief for Apple’s alleged infringement of a 3GPP…

Last Friday, Apple and Google reportedly agreed to dismiss all current lawsuits between them, including standard essential patent cases involving Motorola Mobility that Google recently sold to Lenovo.  The three-sentence joint statement by Apple and Google indicates that their agreement does not include any cross license (to SEPs or otherwise), stating:

Apple and Google have

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Yesterday the Federal Circuit issued a blank Rule 36 summary affirmance of the U.S. International Trade Commission’s (ITC) determination that Apple did not infringe a Samsung patent alleged to cover a UMTS standard.  Recall that last year the ITC entered an exclusion order against Apple products found to infringe a Samsung standard essential patent, but…