Judge Koh recently granted Apple and Samsung’s stipulated request to dismiss without prejudice Samsung’s claims that Apple infringes certain declared-standard essential patents (SEPs) and Apple’s related FRAND defenses and counterclaims. There is no indication in the filing that the parties are negotiating a settlement as to those SEPs, though that’s always a possibility. The stipulation
ETSI
SawStop sues power tool makers because its patented technology was not adopted into UL safety standard
As a reminder that standard essential patent issues go beyond information technology, last week SawStop LLC sued manufacturers of table saws alleging that they conspired to convince Underwriters Laboratories, Inc. (“UL”) to not adopt SawStop’s patented table saw safety technology into UL standard 987 (Stationary and Fixed Electric Tools) and to adopt a different technology…
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…
Rockstar sued by cable operators for breaching standard setting obligations
Last Friday, several cable operators filed a Complaint against Rockstar in D. Del. alleging that Rockstar’s assertion against them of patents breached obligations owed to various standard setting organizations (“SSOs”) based on prior owner Nortel’s commitment to license patents on RAND, FRAND or royalty-free terms. Our Jan. 2 and Nov. 1 posts discussed Rockstar’s purchase…
Motorola and Apple Dispute Whether Apple’s FRAND Claims Should Have Been Dismissed (Apple v. Motorola, Fed. Cir. 2013-1150, -1182)
The parties and amicus have now finished briefing in the appeal from Judge Crabb’s ruling that dismissed Apple’s action seeking a declaration of a FRAND royalty because Apple would not agree to be bound by that ruling. This post summarizes the parties most recent filings.
First, recall that last summer we posted about Apple’s opening…
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…
European Commission seeks comments on Samsung’s proposal to limit seeking injunctions on standard essential patents
Yesterday the European Commission started soliciting public comments on Samsung’s proposed commitment that, during the next five years, Samsung would not seek injunctive relief within the European Economic Area (EEA) on standard essential patents (SEPs) in the field of mobile communications against companies that agree to a particular framework for determining fair, reasonable and non-discriminatory…
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…
Ericsson asks ITC Administrative Law Judge David P. Shaw for an express FRAND determination in Samsung cellular/WiFi patent dispute (Inv. No. 337-TA-862)
Ericsson is a company that holds a significant number of standard-essential patents, and often seeks to monetize and enforce them. (They were just awarded infringement damages in Texas, and they’re engaged in an SEP duel with Samsung in the ITC and in Texas). It wasn’t surprising, then, when Ericsson last week suggested a framework for…
In wake of USTR veto, Ericsson proposes framework for the ITC evaluate FRAND considerations in standard-essential patent cases: “conditional” exclusion orders
The U.S. Trade Representative’s recent disapproval of the ITC’s exclusion order in Inv. No. 337-TA-794 has generated a lot of discussion and uncertainty about the future enforcement of standard-essential patents at the U.S. International Trade Commission. But it seems generally accepted that going forward, both the Commission and litigants are going to have do…