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Because so many SEP-related issues have arisen over the past year, we will periodically revisit some of the more important episodes with a brief post.  Next month, the U.S. International Trade Commission will issue a Final Determination in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers (No. 337-TA-794), a Section 337 patent infringement action brought by Samsung against Apple.  This presents us with a timely opportunity to discuss the background of some of the SEP and FRAND-related issues of first impression that may be decided by the Commission in the case.

The Samsung-Apple ITC investigation (337-TA-794) originated with a complaint brought by Samsung against Apple back in June 2011, in which Samsung accused various Apple products of infringing five patents.  Two of these patents — U.S. Pat Nos. 7,706,348 and 7,486,644 — were alleged by Samsung to be essential to the UMTS 3G cellular standard.  Not surprisingly, Apple claimed that Samsung’s FRAND obligations with respect to these SEPs prevent Samsung from receiving an exclusion order, in the event Apple is found to violate Section 337.Continue Reading Catching up on . . . the Samsung-Apple ITC action (Inv. No. 337-TA-794)

InterDigital, Inc. is a patent licensing entity that claims to have a stash of standard-essential patents.  The company hasn’t shied away from litigation either:  For example, it has a hearing next month in the U.S. International Trade Commission on its complaint that Huawei, LG, Nokia, and ZTE infringed some of its 3G cellular standard-essential patents (Inv. No. 337-TA-800) and has been involved in two other ITC investigations.  Yesterday, InterDigital announced that it filed another Section 337 complaint with the ITC.  This complaint alleges that Proposed Respondents Huawei, Nokia, Samsung, and ZTE infringe various InterDigital patents by importing into the United States mobile devices (smartphones, tablets, etc.) that are compatible with certain 3G and 4G wireless communications standards (WCDMA, CDMA2000, and LTE).  InterDigital is seeking an exclusion order that would bar these companies from importing these accused devices into the United States, as well as a cease and desist order preventing sale and distribution of accused devices that already entered the United States.
Continue Reading Interdigital Files Complaint with ITC alleging 3G, 4G Patent Infringement

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