Microsoft and Google announced that they have settled there global patent disputes, including the litigation underlying the FRAND dispute that gave rise to Judge Robart’s first-of-its-kind decision on determining a FRAND royalty that was recently affirmed on appeal at the Ninth Circuit (see our July 31, 2015 post). Accordingly, the parties filed yesterday a
Judge James L. Robart
Ninth Circuit affirms Judge Robart’s RAND decision (Microsoft v. Motorola)
By David Long on
Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and non-discriminatory (RAND) royalty rate and Motorola’s breach of its RAND commitments were reasonable based on the specific procedural and evidentiary issues presented. This…
Online video of Ninth Circuit argument of appeal from Judge Robart decision in Microsoft v. Motorola
By David Long on
Posted in Appeals, Litigation
As discussed in our post yesterday, today the Ninth Circuit held oral argument on Motorola’s appeal of Judge Robart’s decision in the Microsoft v. Motorola case. A video of the argument is available at the Ninth Circuit website, which lasts about an hour. Trying to predict the outcome of a case based on…
Ninth Circuit to hear oral argument on Motorola’s appeal of Judge Robart’s ruling (Microsoft v. Motorola)
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Tomorrow, the Ninth Circuit will hear oral argument in Motorola’s appeal of Judge Robart’s RAND royalty rate determination as well as the jury verdict that Motorola breached its alleged RAND obligations to license its patents to Microsoft on RAND terms. Motorola also challenges whether the Ninth Circuit has jurisdiction over the appeal, arguing that exclusive…
Appeal of Judge Robart’s RAND ruling transfered to Ninth Circuit (Microsoft v. Motorola)
By David Long on
Today the Federal Circuit (Lourie, Dyk and Reyna) granted Microsoft’s motion to transfer Motorola’s appeal of Judge Robart’s RAND ruling to the Ninth Circuit, settling the parties dispute whether the Federal Circuit or Ninth Circuit has appellate jurisdiction over this particular appeal (see our Dec. 16, 2013 post and prior posts summarizing transfer…
Judge Stark bifurcates Blu-ray SEP case to determine essentiality and FRAND rate before liability issues (One Blue v. Imitation, D. Del. 1:13-cv-917)
By David Long on
Yesterday Judge Stark followed an approach used by Judge Holdeman in the Innovatio WiFi case by bifurcating FRAND issues from liability where essentiality and a RAND royalty rate will be tried first in hopes the result will spur settlement, followed by discovery and trial on liability issues if still necessary. Recall that this case arose…
American Antitrust Institute Contends Georgia-Pacific Factors Are Innappropriate for RAND-Encumbered Patents (Ericsson v. D-Link, Fed. Cir.)
By David Long on
Posted in Appeals
Two weeks ago, we posted about non-party IEEE’s amicus curaie brief in Ericsson v. D-Link, et al., an appeal pending before the Federal Circuit. The appeal, initiated by defendants D-Link, Dell, Acer, Gateway, Netgear and Toshiba, challenges a jury’s damage award against the defendants for infringement of plaintiff Ericsson’s patents that are claimed to be…
Microsoft responds that Ninth Circuit jurisdiction is law of the case in RAND dispute with Motorola (Fed. Cir. 14-1089)
By David Long on
Posted in Appeals, Litigation
Last week Microsoft filed a reply supporting its motion to transfer to the Ninth Circuit Motorola’s appeal of Judge Robart’s RAND ruling (see our prior posts on Microsoft’s motion and Motorola’s opposition). Microsoft argues that the Ninth Circuit has appellate jurisdiction under law of the case, because issues of the contract action being consolidated…
Motorola opposes Microsoft’s motion to transfer to Ninth Circuit the appeal of Judge Robart’s RAND ruling (Fed. Cir. 14-1089)
By David Long on
Motorola has filed its opposition to Microsoft’s motion to transfer the appeal of Judge Robart’s RAND ruling from the Federal Circuit to the Ninth Circuit (see our prior blog on Microsoft’s motion). Recall that Microsoft argued that the appealed action was a contract action, its nature did not change when that action was consolidated…
Realtek’s Comments in ITC’s review of RAND ruling in LSI-Realtek investigation (Inv. No. 337-TA-837)
By David Long on
We previously discussed the 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). The ALJ’s initial determination found the SEP patents were not infringed but otherwise rejected RAND-based defenses. The Commission then decided to review the ALJ’s …