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Yesterday Adaptix moved to withdraw its complaint and terminate the ITC investigation of Ericsson for infringing Adaptix’s patent alleged to be essential to LTE standards practiced by Ericsson base stations.  The motion does not explain the reason for withdrawal and comes at a time when the parties have been in heavy pre-trial procedures and at…

A few months ago, we posted about patent infringement suits filed by Zenith Electronics (“Zenith”), Panasonic Corporation (“Panasonic”), U.S. Philips Corporation (“Philips”) and The Trustees of Columbia University in the City of New York (“Columbia”), licensors to the MPEG LA Advanced Television Systems Committee (“ATSC”) digital television patent pool, against electronics makers Curtis International (“Curtis”), …

Our prior posts discussed Complainant LSI’s comments and respondent Realtek’s comments in the ITC’s investigation of whether Realtek and Funai infringe LSI’s alleged standard essential patents (SEPs).  These comments were submitted in response to the Commission’s request for information on various issues to aid in its review of the ALJ’s conclusion that Realtek and Funai …

We previously discussed the comments filed by complainant LSI in the International Trade Commission (ITC) investigation of whether Realtek and Funai infringe LSI’s alleged 802.11 and H.264 standard essential patents (SEPs).  The ALJ’s initial determination found the SEP patents were not infringed but otherwise rejected RAND-based defenses.  The Commission then decided to review the ALJ’s …

Microsoft is seeking to transfer Motorola’s appeal of Judge Robart’s RAND ruling from the Federal Circuit to the Ninth Circuit.  Specifically, last Thursday, Nov. 21, Microsoft filed in the Federal Circuit a motion to transfer to the Ninth Circuit and today, Nov. 25, Microsoft filed a companion motion to terminate Motorola’s appeal through a transfer…

We previously discussed the comments filed by third-parties in the International Trade Commission (ITC) investigation of whether Realtek infringes LSI’s alleged 802.11 and H.264 standard essential patents (SEPs).  The ALJ’s initial determination found the SEP patents were not infringed but otherwise rejected RAND-based defenses.  The Commission then decided to review the ALJ’s determination in its …

Today the Federal Circuit issued a decision that reversed and remanded the denial of Apple’s request to permanently enjoin Samsung mobile devices found to infringe Apple patents.  This decision appears more flexible than the court’s prior rejection of a preliminary injunction in this case with respect to establishing a casual nexus between the alleged infringement…

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. …

Lest we forget the prevalence of standards in many industries beyond smartphones and Wi-Fi, last Friday (Nov. 1), several radio stations were sued by patent monetization entity Wyncomm in D. Del. for infringing three patents alleged to cover “transmission of radio broadcasts using HD radio techniques further described by the IBOC [In-Band/On-Channel] Digital Radio Standard”…