By now, it’s really no surprise to those who pay attention to SEP issues that certain lawmakers have their eyes on the standard-essential patent world, as well. Although non-practicing entity issues generally grab headlines these days, Congress does make some time for SEPs, too. One example of this just became public — a May 21
Innovative Wireless Solutions dismisses dozens of WiFi-related infringement lawsuits brought against hotels & restaurants
In late April we shared with you the litigation activities of Innovative Wireless Solutions LLC, a non-practicing entity that filed 40+ lawsuits in the Eastern District of Texas against a variety of hotels, hotel chains, and restaurants/coffee shops/delis. IWS asserted that by providing wireless interest service to their customers, these defendants infringed three patents
Microsoft amicus brief supports Apple, cautions Federal Circuit about breadth of ruling in Apple-Motorola appeal
Last week, the Federal Circuit granted a motion by Microsoft for permission to file an amicus brief in the Apple-Motorola appeal (No. 12-1548, Judge Posner edition). Microsoft then filed its amicus brief, becoming the latest in a long time of companies (see, e.g., here, here, here, and here) to weigh in on the case. Today, the public version of Microsoft’s brief became available. In it, Microsoft supports Apple and Judge Posner, but cautions the Federal Circuit against making an overly broad ruling and deciding issues related to standard-essential patents and RAND licensing obligations that are not present before the court.
[2013.06.04 Microsoft Amicus Brief (12-1548)]
Microsoft pulls no punches — it argues at the outset that Motorola’s positions “are wrong as a legal matter and terrible as a policy matter.” That should come as no surprise, given Microsoft’s current litigation disputes with Motorola (as well as ongoing competition with its parent company, Google). But Microsoft claims that its interest in this case goes far beyond its adversarial relationship with Motorola, arguing that as an active participant in many SSOs and implementer of many standards, Microsoft wants to ensure that standards are broadly implemented for the benefit of the public.Continue Reading Microsoft amicus brief supports Apple, cautions Federal Circuit about breadth of ruling in Apple-Motorola appeal
MPHJ Technology Investments seeks removal of Vermont consumer protection action to federal court
We’re going to take a brief time-out from SEP issues here for a short update on a case that’s being watched with interest by many in the patent world — the Vermont Attorney General’s consumer protection action brought last month against MPHJ Technology Investments, the so-called “scanner patent troll.” (For details on the complaint filed by the Vermont AG, see our previous post.)
It’s a somewhat mundane, and not surprising (but still noteworthy) development — This past Friday, MPHJ filed a notice of removal under 28 U.S.C. § 1441, seeking to transfer the case to the U.S. District Court for the District of Vermont, as opposed to the State of Vermont Superior Court (where it was filed by the attorney general). Apparently, MPHJ likes its chances much better in federal court than in state court.Continue Reading MPHJ Technology Investments seeks removal of Vermont consumer protection action to federal court
Federal Circuit reverses ITC decision to terminate LG Electronics from InterDigital 3G patent case (337-TA-800)
Later this month, Adminstrative Law Judge David P. Shaw is expected to issue an Initial Determination in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof (Inv. No. 337-TA-800), which is the ITC’s Section 337 investigation into InterDigital’s allegations of 3G-essential patent infringement by Huawei, LG Electronics, Nokia, and ZTE. The upcoming ID, though, will only relate to infringement accusations against Huawei, Nokia, and ZTE — as LG had previously been terminated from the case in July 2012. LG had been dismissed from the ITC case because LG claimed that InterDigital’s infringement allegations were an “arbitrable dispute” covered by a license agreement between the parties, and that an arbitrator — not the ITC — should decide the infringement issues. Once the ITC terminated LG from the case, InterDigital appealed this ruling to the Federal Circuit.
Today, in a 2-1 opinion [LINK] written by Judge Sharon Prost (joined by Judge William Bryson, with Judge Alan Lourie dissenting), the Federal Circuit reversed the ITC’s decision and remanded the case to the ITC for further proceedings. The court held that the ITC erred in terminating LG from the investigation, because the ITC failed to analyze the text of the license agreement to determine whether LG’s arguments regarding the arbitrability of the infringement dispute were “wholly groundless.” Furthermore, the court found that when the text of the agreement was actually considered, LG’s assertions were indeed “wholly groundless,” and the infringement claims were not subject to arbitration.
Continue Reading Federal Circuit reverses ITC decision to terminate LG Electronics from InterDigital 3G patent case (337-TA-800)
A look at the ITC’s exclusion and cease & desist orders in the Samsung-Apple case (337-TA-794)
One thing that has frustrated many followers of the Samsung-Apple ITC case is the currently unavailability of a public version of the Commission’s Final Determination. Generally, the only insight into the ITC’s reasoning came from the limited information in the Commission’s Notice of Final Determination. But for those of you who are interested, we thought it’d be worth taking a look at the publicly-available documents that spell out the specific exclusionary relief awarded to Samsung in this case:
After the jump, we’ll dive into these in a little more detail.
Continue Reading A look at the ITC’s exclusion and cease & desist orders in the Samsung-Apple case (337-TA-794)
PatentMarks Communications asserts that devices transferring files over cellular or WiFi networks infringe newly-issued patent
On June 4, a patent holding company named PatentMarks Communications LLC filed patent infringement lawsuits in the District of Delaware against a slew of electronics companies. The companies accused of infringement include at least Dell, Futurewei, HTC, Kyocera, LG, Motorola Mobility, Sony Ericsson, Samsung, and ZTE. (The complaint against HTC [LINK here] is
Could President Obama veto the ITC’s order excluding imports of certain Apple iPhones and iPads?
In the wake of the ITC’s landmark exclusion order barring imports of certain Apple 3G products, we noticed an interesting question raised by Prof. Brian J. Love of Santa Clara law school, among others:
Professor Love is referring to one of several legislative recommendations and executive actions related to the patent system and patent litigation
Group of MPEG LA licensors accuse Curtis International and others of infringing ATSC-essential digital television patents
For the second time in a couple of weeks, members of a standard-essential patent pool have filed an infringement lawsuit. Last month, it was Blu-ray patent pool One-Blue (and several licensors) filing suit against Imation Corp. Yesterday, a group of licensors to the MPEG LA Advanced Television Systems Committee (ATSC) digital television patent pool
ITC issues exclusion order against Apple based on infringement of Samsung 3G-essential patent (Inv. No. 337-TA-794)
The ITC just issued a Notice of Final Determination in Inv. No. 337-TA-794, the investigation concerning Samsung’s complaint against Apple. (For a refresher on the case and issues, check out our previous posts). In a decision that will reverberate across the standard-essential patent world, the Commission has determined that Apple’s products at issue