Judge Andrews has entered an order allowing InterDigital and ZTE to proceed with FRAND and damages discovery, following last week’s jury verdict finding that ZTE’s accused handset devices infringe the patents asserted by InterDigital. As we previously mentioned, ZTE asserted a number of FRAND-related affirmative defenses and counterclaims in the litigation, all of which were
InterDigital
Jury verdict: ZTE infringes InterDigital patents (InterDigital v. ZTE)
Yesterday, InterDigital prevailed in its Delaware jury trial against ZTE where the jury found that ZTE’s accused phones infringe each asserted claims of InterDigital’s U.S. Patent Nos. 7,190,966, 7,286,847, and 8,380,244. The verdict form also shows that the jury found none of the asserted claims to be invalid as obvious. The jury was not asked…
InterDigital Update: ITC issues public version of opinion finding no violation in Inv. No. 337-TA-868
The International Trade Commission issued the public version of its opinion in Inv. No. 337-868, finding no violation by either Nokia or ZTE and terminating the investigation in its entirety. On review, the Commission neither affirmed nor rejected ALJ Essex’s FRAND analysis, which criticized respondents who had not actively sought a license from…
InterDigital Update: ITC issues confidential version of opinion in Inv. No. 337-TA-868
Yesterday, the ITC filed a confidential version its opinion in the InterDigital investigation, Inv. No. 337-TA-868, involving Nokia and ZTE. According to a notice issued in the case last week, the Commission has reviewed ALJ Essex’s Final Initial Determination and terminated the investigation with a finding of no violation by either Nokia or ZTE. As…
InterDigital Update: On review, ITC finds no violation and terminates Inv. No. 337-Ta-868
The ITC has issued a notice in the InterDigital investigation (No. 337-TA-868), indicating that the Commission has reviewed ALJ Essex’s Final Initial Determination reversed certain findings, taken no position on others, and ultimately terminated the investigation with a finding of no violation. ALJ Essex issued his initial ruling on June 13, 2014, finding that neither…
InterDigital submits public interest statement addressing SEPs
InterDigital has submitted its own public interest statement in its ITC case against Nokia and ZTE, Inv. No. 337-TA-868, regarding ALJ Essex’s FRAND analysis. As discussed in our July 9, 2014 post, Ericsson, the Innovation Alliance, Sen. Casey, and Microsoft have submitted their own statements addressing the public interest considerations affected by ALJ…
InterDigital Update: Three of the four third-party public interest statement submissions support ALJ Essex’s patent hold-out oriented FRAND analysis (Inv. No. 337-TA-868)
Four parties have responded to the ITC’s request for statements on the public interest regarding ALJ Essex’s Initial Determination in Inv. No. 337-TA-868 (see our July 2, 2014 post), all addressing the ALJ’s FRAND analysis rejecting arguments against exclusion orders for standard-essential patents and addressing the obligations held by potential licensees. Three of the…
InterDigital Update: No FRAND breach where respondents failed to first seek a license or follow SSO procedure if license not granted (337-TA-868)
The U.S. International Trade Commission (“ITC”) recently issued the public version of ALJ Essex’s Initial Determination in Inv. No. 337-TA-868 finding that InterDigital had not violated any FRAND obligation and that ZTE and Nokia had not infringed the patents-in-suit (see our June 19, 2014 post). Although the patents were found not to be essential…
InterDigital Update: ALJ Essex finds no FRAND violation by InterDigital
Yesterday, the ITC issued a notice regarding conclusions of law and corresponding correction showing that no FRAND violation was found in ALJ Essex’s June 13, 2014 Initial Determination that ZTE and Nokia did not infringe InterDigital’s patents alleged to be essential to 3G/4G standards (see our June 17, 2014 post). Specifically, Conclusion of Law…
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…