The week leading up to Labor Day was a relatively quiet one on the SEP litigation front, with the exception of the ongoing Microsoft-Motorola RAND jury trial in Seattle (scheduled to wrap up and go to the jury tomorrow).  Late last week, the ITC also postponed until tomorrow the decision whether to review the ALJ’s

The world of standard-essential patent litigation has seen some significant upheaval over the past few months, particularly with the Microsoft-Motorola RAND-setting ruling and the ITC’s exclusion order in Samsung-Apple (and the USTR’s subsequent veto).  Today there will be a complimentary webinar in conjunction with the American Intellectual Property Law Association’s (AIPLA) Standards & Open

Even though it was released on a Saturday, U.S. Trade Representative Michael Froman’s disapproval of the exclusion and cease & desist orders in ITC Inv. No. 337-TA-794 has understandably generated a lot of chatter in industry and the patent world.  Many are hailing the decision, while others disagree with the veto and/or believe it should

As we told you last week, there will be a free upcoming webinar in conjunction with the AIPLA Standards and Open Source Committee.  The webinar will feature a panel of attorneys and industry professionals discussing the consequences that may stem from decisions in some recent standard-essential patent cases of note, including the RAND breach

Today, we attended a hearing held on Capitol Hill by the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy, and Consumer Rights regarding standard-essential patents.  The hearing, titled “Standard Essential Patent Disputes and Antitrust Law,” featured testimony from four witnesses from diverse SEP-related backgrounds.

The recent decisions in the Microsoft-Motorola district court case and the Samsung-Apple ITC investigation (No. 337-TA-794) promise to have far-reaching consequences for those in industries that deal with standard-essential patents.  We at the Essential Patent Blog thought it would be helpful to have a panel of seasoned experts discuss the import of these decisions.  To

CapitolPatent assertions by non-practicing entities have been garnering much of the patent-related attention on Capitol Hill, but standard-essential patents are also in the mix.  Next week, the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy, and Consumer Rights is scheduled to have a hearing on “Standard Essential Patent Disputes and Antitrust Law.”  The hearing

FTCToday, the Federal Trade Commission announced that it has approved a modified final order that settles its investigation into Motorola Mobility’s alleged anti-competitive practices surrounding its standard-essential patent licensing and enforcement program (for more background, see our original post on the case).  Here’s the Commission’s final decision and order, as well as a final

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

Late last week, the American Antitrust Institute submitted a very interesting petition to the U.S. Dept. of Justice and the Federal Trade Commission.  In the petition, which is titled “Request for Joint Enforcement Guidelines on the Patent Policies of Standard Setting Organizations,” the AAI urges these agencies to step up their enforcement of the antitrust laws with respect to SSOs themselves — not merely the participants in the standard-setting process.  To that end, the AAI requests that the FTC/DOJ (1) issue specific guidelines for what should be included in SSO patent policies, and (2) hold SSOs liable for not adopting procedural safeguards to prevent patent hold-up behavior.
Continue Reading American Antitrust Institute calls on FTC, DOJ to force standard-setting organizations to adopt more stringent patent policies