Non-Practicing Entities

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Earlier this month, InterDigital Communications filed a Section 337 complaint with the ITC, alleging that Samsung, Nokia, ZTE, and Huawei infringed several of InterDigital’s 3G and 4G-essential patents.  As we noted in our earlier post on the matter, InterDigital included a statement regarding the public interest along with its complaint, attempting to preemptively assuage any public interest concerns the Commission may have due to the inclusion of standard-essential patents in the complaint.  Over the past two weeks, though, the proposed respondents have each filed their own public interest statements with the ITC, asserting a number of reasons why the public interest might be adversely affected by the institution of an investigation based on InterDigital’s complaint.
Continue Reading InterDigital, Nokia, others dispute public interest implications of 3G/4G patent assertions

On January 17, 2013, Magistrate Judge John D. Love issued an order in Network-1 Security Solutions, Inc. v. Alcatel-Lucent USA Inc., No 6:11-cv-492 (E.D. Tex.), granting the defendants’ motion to sever the case into several different actions.  Judge Love found that infringement allegations stemming from the defendants’ compliance with the same technology standard was insufficient to warrant joinder.  However, Judge Love found that in order to effectively manage the cases and preserve judicial resources, the cases would be consolidated for all pre-trial purposes except venue.


Continue Reading Compliance with same technology standard insufficient to warrant joinder of otherwise unrelated defendants (Network-1 Security Solutions v. Alcatel-Lucent)

Early in January we noted that a non-practicing entity named Steelhead Licensing had filed a number of complaints for patent infringement against various wireless device manufacturers and cellular carriers.  Of particular note in those suits was that the patent at issue in all of the actions — U.S. Pat. No. 5,491,834, entitled “Mobile Radio Handover Initiation Determination” — was previously owned by British Telecom, is due to expire next month, and (according to Steelhead, apparently) is essential to various 3G and 4G wireless communications standards.  On Friday, January 11, Steelhead expanded its assertion activities relating to the ‘834 patent, filing infringement actions against Acer, Amazon.com, Asustek, and Dell.
Continue Reading Steelhead Licensing expands cellular-essential patent assertion activities

Today the Federal Circuit issued a per curiam order (with Judge Newman dissenting) denying a combined petition for a panel rehearing and a rehearing en banc in InterDigital Communications v. International Trade Commission (No. 2010-1093) (en banc).  However, along with the order, the panel also issued a new opinion to fully address arguments made by intervenor Nokia (the respondent in the underlying ITC case, Inv. No. 337-TA-613).  In the opinion (written by Judge Bryson), the Court reiterates its prior conclusion (InterDigital Commc’ns v. Int’l Trade Comm’n, 690 F.3d 1318 (Fed. Cir. 2012)) that non-practicing entities (NPEs) may satisfy the ITC’s domestic industry requirement through substantial investment in domestic licensing activities, without any need to prove that any licensed products are actually produced domestically.
Continue Reading Federal Circuit affirms broad ITC jurisdiction over Section 337 actions brought by NPEs (InterDigital v. ITC)

On Friday, January 4, 2013, a non-practicing entity named Steelhead Licensing LLC filed a litany of SEP-related lawsuits in the United States District Court for the District of Delaware against various wireless device manufacturers and cellular carriers.  Each of the entities is accused of infringing a single, soon-to-expire (on Feb. 13) patent — U.S. Pat. No. 5,491,834, entitled “Mobile Radio Handover Initiation Determination.”
Continue Reading Steelhead Licensing LLC files suit claiming wireless equipment makers and cellular carriers infringe cellular-essential patent

InterDigital, Inc. is a patent licensing entity that claims to have a stash of standard-essential patents.  The company hasn’t shied away from litigation either:  For example, it has a hearing next month in the U.S. International Trade Commission on its complaint that Huawei, LG, Nokia, and ZTE infringed some of its 3G cellular standard-essential patents (Inv. No. 337-TA-800) and has been involved in two other ITC investigations.  Yesterday, InterDigital announced that it filed another Section 337 complaint with the ITC.  This complaint alleges that Proposed Respondents Huawei, Nokia, Samsung, and ZTE infringe various InterDigital patents by importing into the United States mobile devices (smartphones, tablets, etc.) that are compatible with certain 3G and 4G wireless communications standards (WCDMA, CDMA2000, and LTE).  InterDigital is seeking an exclusion order that would bar these companies from importing these accused devices into the United States, as well as a cease and desist order preventing sale and distribution of accused devices that already entered the United States.
Continue Reading Interdigital Files Complaint with ITC alleging 3G, 4G Patent Infringement

Because so many SEP-related issues have arisen over the past year, we will periodically revisit some of the more noteworthy occurrences with a brief post.  In this post, we explore recent and ongoing patent assertion activities of Innovatio IP Ventures, LLC.

On February 28, 2011, Broadcom Corporation assigned 31 U.S. patents to a company named Innovatio IP Ventures, LLC.  After acquiring these patents, Innovatio then sent letters to thousands of entities – including restaurants, coffee shops, hotels, grocery stores – alleging infringement of these patents, which Innovatio claimed to be essential to the 802.11 Wi-Fi standard.  Innovatio sought royalties from these entities, reportedly seeking $2500-3000 from each outlet for a license to the patents.  When negotiations broke down, Innovatio also filed lawsuits against dozens of these entities, claiming they infringed the patents through their respective use of products that comply with the 802.11 standard.Continue Reading Catching up on…Innovatio IP Ventures, LLC’s Litigation Activities