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Yesterday, Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Committee member Senator Mike Lee (R-Utah) introduced another patent reform measure called the Patent Transparency and Improvements Act of 2013, including a press release, section-by-section summary of the proposed legislation and legislation text.  This joins other currently considered patent reform legislation such as that…

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. …

On Friday (November 1, 2013), the parties and several non-parties filed comments in the International Trade Commission (ITC) investigation of whether Realtek infringed LSI’s alleged 802.11 and H.264 standard essential patents (SEPs), where the ALJ’s initial determination found the patents were not infringed but otherwise rejected RAND-based defenses.  As discussed in our prior post, …

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”…

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…

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…

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…

As anticipated by our prior post about a second discussion draft of patent reform legislation, House Judiciary Committee Chairman Robert W. Goodlatte (R-Va) joined others in introducing today a patent reform bill entitled the “Innovation Act“.  They also provided a section-by-section summary of the Innovation Act.  This bill includes the prior proposed enhanced…