• In the wake of the FTC-Google settlement, an investigation into potential antitrust violations by Google continues in Europe.  Joaquin Almunia, the European Commission’s antitrust & competition chief, said that the FTC’s decision would not affect the European Commission’s investigation. (Financial Times)
  • Unwired Planet — an NPE formed out of the remains of Openwave Systems, who has been engaged in patent skirmishes with many large tech companies — has acquired more than 2400 patents from Ericsson, including patents relating to 2G, 3G, and 4G (LTE) cellular standards.  Ericsson reportedly stands to receive a percentage of any licensing revenues obtained by Unwired for these patents. (TechCrunch)
  • For the 20th consecutive year, IBM received more U.S. patents than any other company (6,478 patents granted in 2012). (Bloomberg)
  • Kodak received approval today from a U.S. bankruptcy court judge to sell a trove of 1,100 digital imaging patents to Intellectual Ventures for $525 million, with a number of IV’s licensees chipping in to fund the purchase price. (Rochester Democrat & Chronicle)

Today, a notice and request was published in the Federal Register, inviting the public to comment on the FTC’s proposed consent agreement with Google and Motorola Mobility in FTC File No. 121-0120.  This proposed consent agreement would close the FTC’s investigation into certain Google/Motorola Mobility business practices concerning licensing and assertion of standard-essential patents that Motorola previously agreed to license on RAND terms (for more details, see our prior post on the consent agreement).

Continue Reading FTC invites public to comment on consent agreement with Google/Motorola Mobility

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)

  • DiceThe DOJ and USPTO released a joint policy statement on January 8 regarding remedies for infringement of FRAND-encumbered SEPs, taking the position that injunctive relief is generally inappropriate for these patents.  Microsoft praised the statement, and called on the FTC to consider strengthening its consent agreement with Google.
  • Ars Technica reports that at the 2013 Consumer Electronics Show in Las Vegas, a panel of speakers discussed the effects that patent trolls are having on technology companies and proposed solutions.  Congressman Peter DeFazio, who recently introduced legislation purportedly designed to protect companies from predatory infringement suits, appeared on the panel.
  • The Standardization Administration of the People’s Republic of China (SAC) released a draft interim version of its Regulatory Measures on National Standards Involving Patents for public comment on December 19, 2012.  The public comment period runs until January 20, 2013.
  • After almost a year of investigation, the European Commission sent a statement of objections to Samsung regarding Samsung’s potential misuse of mobile device-related standard-essential patents.
  • The USPTO is soliciting comments from the public regarding the potential need for and structure of a “small claims patent court.”  Written comments must be submitted to the USPTO by March 18, 2013.  More from Patently-O and Patents Post-Grant.

In a not-so-surprising development in light of the FTC-Google/Motorola settlement announced last week, Google subsidiary Motorola Mobility asked the ITC yesterday to drop its two remaining standard-essential patents from its Xbox infringement dispute with Microsoft (Inv. No. 337-TA-752).  The two patents dropped from the case — U.S. Pat. Nos. 6,980,596 and 7,162,094 — are alleged by Motorola to be essential to the ITU-T H.264 video coding standard.  Given that the only relief that the ITC may grant is of an injunctive nature (whether an exclusion order or a cease & desist order), Motorola’s action appears to be consistent with the principles set forth in the FTC settlement, in which Google and Motorola agreed to forego seeking injunctive relief for SEPs except in certain extraordinary circumstances.

Continue Reading Motorola drops remaining SEPs from Microsoft Xbox ITC action

Because so many SEP-related issues have arisen over the past year, we will periodically revisit some of the more important episodes with a brief post.  Next month, the U.S. International Trade Commission will issue a Final Determination in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (No. 337-TA-794), a Section 337 patent infringement action brought by Samsung against Apple.  This presents us with a timely opportunity to discuss the background of some of the SEP and FRAND-related issues of first impression that may be decided by the Commission in the case.

The Samsung-Apple ITC investigation (337-TA-794) originated with a complaint brought by Samsung against Apple back in June 2011, in which Samsung accused various Apple products of infringing five patents.  Two of these patents — U.S. Pat Nos. 7,706,348 and 7,486,644 — were alleged by Samsung to be essential to the UMTS 3G cellular standard.  Not surprisingly, Apple claimed that Samsung’s FRAND obligations with respect to these SEPs prevent Samsung from receiving an exclusion order, in the event Apple is found to violate Section 337.

Continue Reading Catching up on . . . the Samsung-Apple ITC action (Inv. No. 337-TA-794)

Late last week, Apple Inc. filed a notice of appeal with the United States District Court for the Western District of Wisconsin, announcing its intent to appeal to the Federal Circuit Judge Barbara B. Crabb’s dismissal of Apple’s SEP-related contract and antitrust claims against Motorola Mobility (case No. 3:11-cv-00178-bbc).  This presents us with an opportunity to do a brief “catching up on” post on this particular portion of the larger Apple-Motorola dispute.

Continue Reading Catching up on … Apple v. Motorola Mobility (W.D. Wis.)

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

Lost in the all of the publicity surrounding the FTC’s consent decree that ended its investigation of Google and Motorola Mobility yesterday is the fact that while the FTC’s decision not to proceed with action against Google for its search practices was unanimous, its decision to issue a complaint and order relating to Google’s enforcement of its SEPs was not — Commissioner Maureen K. Olhausen submitted a dissenting statement.  (Commissioner J. Thomas Rosch issued a separate statement, but voted in favor of issuing the complaint).  The mere fact that the decision was not unanimous isn’t that remarkable in and of itself, as the five-member Commission often reaches split decisions.  However, Commissioner Olhausen’s dissent raises some issues about the FTC’s action that warrant mentioning here.

Continue Reading A dissenting voice from the FTC/Google consent agreement

In a press conference that took place at 1pm Eastern time today, the United States Federal Trade Commission announced that it has entered into a consent decree with Google in which Google agreed to forego seeking injunctive relief as a remedy for infringement of SEPs that have been pledged to be licensed on RAND terms.  The FTC voted 4-1 in favor of the decision, with Commissioner Maureen Olhausen dissenting. Continue Reading Google agrees to forego seeking injunctive relief for SEP infringement as part of FTC settlement