Litigation

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Last week, on Dec. 20, the Institute of Electrical and Electronics Engineers, Inc. (IEEE) filed an amicus brief (not supporting any side) in the appeals to the Federal Circuit from the jury award and RAND rulings by Judge Leonard Davis in E.D. Tex. concerning three of Ericsson’s 802.11 Wi-Fi patents.  Our August post discussed the…

A few weeks ago, we posted about ViewSonic’s FRAND-related counterclaims against Zenith, Panasonic and Philips (collectively, “Manufacturing Plaintiffs”), as well as its FRAND-related Third-Party claim against MPEG LA.  On Monday, December 16, the Manufacturing Plaintiffs and third-party MPEG LA filed a motion to dismiss with prejudice ViewSonic’s FRAND-related counterclaims for failure to state a claim…

Last week Microsoft filed a reply supporting its motion to transfer to the Ninth Circuit Motorola’s appeal of Judge Robart’s RAND ruling (see our prior posts on Microsoft’s motion and Motorola’s opposition).  Microsoft argues that the Ninth Circuit has appellate jurisdiction under law of the case, because issues of the contract action being consolidated…

Last week Administrative Law Judge (ALJ) Gildea granted Adaptix’s motion to withdraw its Complaint and investigation of Ericsson’s alleged infringement of patents alleged to cover LTE standards used by Ericsson’s base stations (see our prior posts discussing Adaptix’s motion and Ericsson’s response).

ALJ Gildea’s ruling was short and succinct, noting–but not opining on–Ericsson’s assertion…

We recently posted about defendant ViewSonic’s Answer in Zenith Elec. v. Viewsonic, which Answer included FRAND-related affirmative defenses and counterclaims against plaintiffs Zenith, Panasonic and Philips, as well as a FRAND-related Third-Party claim against MPEG LA.  On Monday, December 2, Curtis filed a motion to bifurcate the trial in the related case brought by Zenith…

Today Ericsson filed its response to Adaptix’s sudden motion to withdraw its Complaint and terminate the ITC’s investigation of whether Ericsson’s base stations infringe an Adaptix patent alleged to cover cellular LTE standards.  Recall from our post last week that it was not clear why Adaptix made this extraordinary step on the eve of trial.…

Motorola has filed its opposition to Microsoft’s motion to transfer the appeal of Judge Robart’s RAND ruling from the Federal Circuit to the Ninth Circuit (see our prior blog on Microsoft’s motion).  Recall that Microsoft argued that the appealed action was a contract action, its nature did not change when that action was consolidated…

Last Thursday, December 5, the House of Representatives passed H.R. 3309 (“the Innovation Act”), a patent reform bill generally directed to perceived patent litigation abuse by certain patent assertion entities (what some call “patent trolls”).  Prior draft versions of the House bill had gone through several revisions in the past few months (see our September…

Qualcomm and Ericsson have filed amicus briefs in the appeal of Judge Crabb’s dismissal of Apple’s declaratory judgment action that sought a court-determined FRAND royalty rate under Motorola patents, where Judge Crabb dismissed the case after Apple would not agree to be bound by that FRAND determination (see our July post). Qualcomm and Ericsson…

Yesterday the Fourth Circuit issued a decision in Jaffe v. Samsung, et al. regarding the preservation of existing U.S. patent licensing rights that various semiconductor companies had through cross-licensing with Qimonda AG, a German semiconductor manufacturer going through bankruptcy proceedings in Germany.  The decision does not state whether any standard essential patents (SEPs) were…