On Dec. 19, the U.S. International Trade Commission (ITC) ruled that Huawei, Nokia and ZTE did not infringe any valid Interdigital alleged 3G patents and, therefore, did not rule on RAND or public interest issues in that investigation (discussed in our prior post). The ITC is reserving those issues for consideration in due course
Non-Practicing Entities
ALJ agrees to dismiss Adaptix’s complaint and investigation against Ericsson (Inv. No. 337-TA-871)
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…
Ericsson asserts that Adaptix is withdrawing its ITC Complaint under threat of a motion for sanctions given unsubstantiated claims (Inv. No. 337-TA-871)
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.…
House Passes Patent Reform Bill: A Summary of the Innovation Act’s Essential Provisions
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…
Adaptix moves to withdraw its complaint and terminate ITC investigation of Ericsson’s alleged infringement of LTE patent (Inv. No. 337-TA-871)
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…
Radio stations sued on alleged HD radio standard essential patents
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”…
Rockstar’s Halloween lawsuit against Google and Android device makers skirts standard essential patents?
Yesterday, the Rockstar Consortium (and its subsidiaries MobileStar Technologies LLC and NetStar Technologies LLC) sued Google and several Andriod device manufactures (Asustek, HTC, Huawei, LG, Pantech, Samsung and ZTE) in E.D. Tex. on several patents that Rockstar had acquired in July 2011 out of the Nortel bankruptcy.
You…
Sen. Hatch Introduces the Patent Litigation Integrity Act (S. 1612)
U.S. Senator Orrin Hatch (R-Utah) introduced today the Patent Litigation Integrity Act (S. 1612) “to address the growing threat of so-called ‘patent trolls'” who “purchase existing broad patents and then threaten businesses of infringing” them. Sen. Hatch issued a press release and one-page summary of the proposed legisltation, which provides two reform measures.
First, the…
Jury finds Wi-LAN’s alleged SEP invalid and not infringed by Apple
Today, an E.D. Tex. jury in Wi-LAN v. Apple returned a verdict that the asserted claims 1 and 10 of Wi-LAN’s RE37,802 Patent (“the ‘802 Patent”) were invalid and not infringed by Apple. The ‘802 Patent has been a centerpiece for Wi-LAN’s prolific patent litigations and settlements thereof. Wi-LAN has asserted that the ‘802 Patent…
Reminder/Correction: Complimentary Webinar Thu. Noon on Lessons Learned From Litigated Royalty Rates on Standard Essential Patents
Reminder (and correcting some email notices) that the Essential Patent Blog and Kelley Drye & Warren LLP will host a complimentary webinar on Thursday, Oct. 17 at 12pm Eastern to discuss the import of Judge Holderman’s Oct. 3 RAND opinion in the Innovatio IP Ventures Patent Litigation and comparison with Judge Robart’s RAND methodology from…
