We’ve previously covered the bilateral standard-essential patent battle brewing between Ericsson and Samsung in the U.S. International Trade Commission (as well as the Eastern District of Texas). The ITC has instituted two investigations surrounding the parties’ claims: Inv. No. 337-TA-862 (based on Ericsson’s complaint) and Inv. No. 337-TA-866 (based on Samsung’s complaint). Yesterday, Samsung filed the public version of its Response to the Complaint and Notice of Investigation (essentially, an answer to Ericsson’s complaint) in the -862 investigation. Below is an overview of this filing, in which (surprise!) F/RAND-related issues and defenses have a starring role.
Continue Reading Samsung responds to Ericsson’s ITC complaint, accuses Ericsson of violating F/RAND obligations (337-TA-862)
Target dates set for Samsung-Ericsson, InterDigital ITC Section 337 SEP investigations
The statute that governs the U.S. International Trade Commission’s jurisdiction over patent infringement complaints requires the ITC to resolve its investigations into such complaints “at the earliest practicable time” Typically, ITC investigations will take anywhere from 12-18 months (depending on complexity, number of patents, etc.) from the institution of the investigation until the “target date,”
RANDomness
- The global patent battle between Apple and Samsung continues, both on the SEP and non-SEP front. The U.S. International Trade Commission recently issued a notice that it will review an Administrative Law Judge’s prior finding that Samsung infringed several non-SEP Apple patents, and also remanded part of the case back to the ALJ. (More
Acacia Research subsidiary Adaptix files new ITC complaint accusing Ericsson of infringing 4G LTE-essential patent
Assertion of standard-essential patents are all the rage at the ITC these days, with an upcoming trial on InterDigital’s claims (Inv. No. 337-TA-800), another recent complaint filed by InterDigital, dueling Ericsson-Samsung complaints, and the highly anticipated Final Determination in ITC Inv. No. 337-TA-794 involving Apple and Samsung due in March. And today, a company named Adaptix — a subsidiary of noted non-practicing entity Acacia Research — threw its hat into the ring, firing off a Section 337 complaint accusing Ericsson’s 4G LTE base stations of infringing U.S. Pat. No. 6,870,808, titled “Channel Allocation in Broadband Orthoganol Frequency-Division Multiple-Access/Space-Division Multiple-Access Networks.” But this might not be your typical standard-essential patent case — it has a couple of twists.
Continue Reading Acacia Research subsidiary Adaptix files new ITC complaint accusing Ericsson of infringing 4G LTE-essential patent
RANDomness
- 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
Ericsson, Samsung Engage in Standard-Essential Patent Battle
The smartphone wars have definitely seen their share of assertions of standard-essential patents in recent years. Even more of these SEPs entered the fray in a flurry of litigation at the end of 2012 between Ericsson and Samsung.
In late November 2012, Ericsson filed several complaints for patent infringement against Samsung – all of which relate to standard-essential patents. On November 27, Ericsson filed two complaints in the E.D. Tex. against Samsung, alleging infringement of 24 patents that allegedly cover inventions relating to the use of various electronic devices such as telephones, base stations, televisions, computers, etc. in wireless communications networks. One of Ericsson’s district court complaints also alleges that Samsung has breached its contractual obligations with the European Telecommunications Standards Institute (ETSI) by failing to offer Ericsson a license to Samsung’s essential patents on FRAND terms, while the second district court complaint simply accuses Samsung of infringing 13 U.S. patents. Then, on November 30, Ericsson also filed a complaint with the U.S. International Trade Commission accusing Samsung of violating 19 U.S.C. § 1337 by importing products that infringe the same 11 patents in Samsung’s first district court complaint.Continue Reading Ericsson, Samsung Engage in Standard-Essential Patent Battle