Since Judge Holderman’s September 27, 2013 order setting a RAND rate in the sprawling Innovatio WiFi litigation (see our October 3 post), two of the five major device manufacturers involved in the case have settled-out. Motorola settled with Innovatio after a November 22nd settlement conference and was dismissed on December 17th. Less than a
Another week, and another standard-essential patent trial. Whereas last week brought us the jury’s verdict finding a RAND breach in the Microsoft-Motorola case, the trial this week relates to a determination of the appropriate RAND royalty rate for Innovatio IP Ventures, LLC’s WiFi-essential patent portfolio (consisting of patents previously owned by Broadcom).
The sprawling patent infringement action in the Northern District of Illinois involving Innovatio IP Ventures is often in the headlines not because it involves standard-essential patents, but because it involves (in part) patent infringement claims brought by a non-practicing entity (Innovatio) against “end users” (coffee shops, hotels, restaurants, etc.). But last Friday, Judge James F. Holderman issued a ruling that may be the first of its kind for a district court — a ruling addressing the “essentiality” of patent claims, separate and apart from the issue of infringement. If you’re not familiar with this case (and even if you are), bear with us — we’ll try to explain just why this ruling is so “essential” (sorry).
Warning — this is going to be a long post.