Earlier this week, the U.S. International Trade Commission (“ITC”) issued its public opinion in an investigation where the respondent Carsem raised standard-setting obligation defenses by alleging that a patent asserted by Amkor covered a standard set by the Joint Electron Device Engineering Counsel (“JEDEC”). The ITC rejected Carsem’s FRAND-related equitable and legal estoppel defenses as
Update: ITC issues public version of decision to terminate LSI-Realtek investigation (Inv. No. 337-TA-837)
The ITC has now released the public version of its decision to terminate the LSI-Realtek investigation without addressing RAND issues, which we discussed in our March 5, 2014 post. The public version does not provide any more insight into the decision not to address the standard essential patent RAND issues beyond it being moot…
ITC terminates LSI-Realtek 337 investigation without addressing RAND issues (Inv. No. 337-TA-837)
Yesterday the U.S. International Trade Commission (ITC) issued a Notice that it was terminating the investigation of whether certain LSI 802.11 and H.264 alleged standard essential patents were infringed by Realtek and others given various circumstances that mooted the investigation as to most patents and a finding of no liability for the remaining patent. In…
ITC issues public version of prior opinion that no valid Interdigital 3G patent infringed (Inv. No. 337-TA-800)
Last week the U.S. International Trade Commission issued the public version of its decision last December that no valid claim of Interdigital’s 3G patents was infringed by Huawei, Nokia or ZTE and reserving ruling on other issues, such as on RAND obligations (see our Dec. 23,2013 post). The ITC also gave its Federal Register…
Funai’s Reply Comments in ITC’s review of RAND ruling in LSI-Realtek investigation (Inv. No. 337-TA-837)
We previously discussed the opening comments filed by respondent Funai in the International Trade Commission (ITC) investigation of whether Realtek and Funai infringe complainant LSI’s alleged 802.11 and H.264 standard essential patents (SEPs). Funai recently filed two sets of reply comments as part of the ITC’s review of the ALJ’s initial determination rejecting Realtek and…
Realtek’s Reply Comments in ITC’s review of RAND ruling in LSI-Realtek investigation (Inv. No. 337-TA-837)
A few weeks ago we summarized the opening comments filed by respondent Realtek in the International Trade Commission (ITC) investigation of whether Realtek and Funai infringe complainant LSI’s alleged 802.11 and H.264 standard essential patents (SEPs). The ITC is currently reviewing the ALJ’s initial determination of non-infringement of LSI’s SEPs and rejection of Realtek and…
LSI’s Reply Comments in ITC’s review of RAND ruling in LSI-Realtek investigation (Inv. No. 337-TA-837)
We previously discussed the opening comments filed by Complainant LSI in the International Trade Commission (ITC) investigation of whether Realtek and Funai infringe LSI’s alleged 802.11 and H.264 standard essential patents (SEPs). To recap, the ALJ’s initial determination found the SEP patents were not infringed but rejected RAND-based defenses. The Commission decided to review the…
InterDigital and Huawei Settle District Court and ITC Actions
On December 30, 2013, InterDigital and Huawei filed a stipulation to dismiss the pending Delaware district court action (13-cv-00008) without prejudice, indicating the parties entered into a “binding settlement agreement and agreement to arbitrate”. The Court promptly dismissed the case.
Yesterday, InterDigital and Huawei similarly moved to terminate the corresponding ITC action, Inv. No.…
ITC rules no infringement of valid Interdigital 3G patents (Inv. No. 337-TA-800)
On Dec. 19, the U.S. International Trade Commission (ITC) ruled that Huawei, Nokia and ZTE did not infringe any valid Interdigital alleged 3G patents and, therefore, did not rule on RAND or public interest issues in that investigation (discussed in our prior post). The ITC is reserving those issues for consideration in due course…
Ericsson asserts that Adaptix is withdrawing its ITC Complaint under threat of a motion for sanctions given unsubstantiated claims (Inv. No. 337-TA-871)
Today Ericsson filed its response to Adaptix’s sudden motion to withdraw its Complaint and terminate the ITC’s investigation of whether Ericsson’s base stations infringe an Adaptix patent alleged to cover cellular LTE standards. Recall from our post last week that it was not clear why Adaptix made this extraordinary step on the eve of trial.…