Yesterday, Administrative Law Judge Essex issued a one-page notice of initial determination holding that Nokia’s 3G mobile handsets infringe the asserted claims of InterDigital’s U.S. Patent Nos. 7,190,966 and 7,286,847 (“the ‘847 Patent”) in the International Trade Commission’s investigation styled In the Matter of Certain 3G Mobile Handsets and Components Thereof (ITC Inv. No. 337-TA-613).
InterDigital Update: ALJ Essex issues an initial determination of no violation in ITC action against ZTE, Nokia
Judge Essex issued a Notice Regarding Initial Determination in InterDigital’s ITC action against ZTE and Nokia (Inv. No. 337-TA-868) on Friday, indicating that there has been a finding of no violation with respect to any of the 3G and 4G devices at issue. The notice is sparse on details, indicating only that no violation of…
Settlement update: InterDigital and Samsung resolve SEP dispute
Yet another high-profile SEP case settled earlier this week, with InterDigital announcing that it has reached a licensing deal with Samsung. Similar to the InterDigital’s recent settlement with Huawei, the Samsung settlement brings to a close ongoing litigation in Delaware’s District Court and before the ITC (Inv. No. 337-TA-868) involving InterDigital’s assertion of…
Judge Andrews dismisses Nokia and ZTE’s FRAND counterclaims against InterDigital
Judge Richard Andrews of the District Court of Delaware dismissed Nokia and ZTE’s amended FRAND counterclaims against InterDigital on Wednesday, ruling that the amended declaratory judgment actions would not serve a useful purpose in the context of the parties’ ongoing litigation. Nokia and ZTE’s FRAND counterclaims involve around 500 patents identified to ETSI as possibly…
N.D. Cal. excludes expert damages testimony that based royalty rate on patents’ hold-up value
With standard-essential-patent (SEP) damages discussions frequently focused on how to calculate a RAND rate, one can sometimes forget that not all SEPs are subject to [F]RAND obligations, which raises the issue whether and to what extent a reasonable royalty rate would be different between RAND and non-RAND encumbered patents. Last week, N.D. Cal. Judge Lucy…
Competition Commission of India initiates another investigation of Ericsson’s licensing of FRAND committed cellular patents
In an order dated January 16, 2014, the Competition Commission of India (“CCI”) ordered another investigation into Ericsson’s licensing of cellular patents that are subject to FRAND obligations, which investigation will parallel a similar investigation of Ericsson that CCI ordered on November 12, 2013 (discussed in our prior post). The rationale for this…
ITC rules no infringement of valid Interdigital 3G patents (Inv. No. 337-TA-800)
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…
Competition Commission of India investigating Ericsson’s licensing of FRAND committed cellular patents
In an order dated November 12, 2013, the Competition Commission of India ordered an investigation into Ericsson’s licensing of cellular patents that are subject to FRAND obligations for certain ETSI standards. This investigation is based on information provided by Micromax Informatics Limited (“the Informant”) that had been approached by Ericsson (“the Opposite Party” or…
International Trade Commission to fully review decision finding no violation of Section 337 in InterDigital 3G patent case
Today, the U.S. International Trade Commission issued its delayed decision on whether it would review ALJ David P. Shaw’s Initial Determination finding no violation of Section 337 in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-800. (For some background, see our previous post on the ALJ’s…
Samsung tells ITC that in light of USTR veto, Ericsson should drop its standard-essential infringement claims (Inv. No. 337-TA-862)
A couple weeks ago, we noted that Ericsson had submitted a Notice of New Authority in its ITC case against Samsung (Inv. No. 337-TA-862) concerning the USTR’s recent disapproval of the exclusion order in ITC Inv. No. 337-TA-794. In this Notice of New Authority, Ericsson requested that presiding Administrative Law Judge David P. Shaw…