On April 3, 2020, Judge Selna issued an Order in the TCL v. Ericsson case upon remand from the Federal Circuit, teeing the matter up for a jury trial on all liability and FRAND issues in the case to be heard at the same time.
Continue Reading Judge Selna will hold jury trial on all SEP issues on remand (TCL v. Ericsson)
Jury trial
Federal Circuit rules SEP owner entitled to jury trial on royalty for past unlicensed use of SEP (TCL v. Ericsson)
Today the Federal Circuit vacated Judge Selna’s bench trial decision in the much-watched TCL v. Ericsson case, ruling that Ericsson has the right to a jury trial to determine compensation for past infringement of Ericsson’s standard essential patents (SEPs) under the Seventh Amendment of the U.S. Constitution. So this case involving a FRAND computation method…
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…
Fujitsu breached RAND obligation and must show cause why patent not unenforceable against Tellabs (Fujitsu v. Tellabs)
Yesterday, a jury returned a verdict finding that Fujitsu had breached its standard-setting obligations to offer its declared ‘737 Patent (now expired) to Tellabs on reasoanble and non-discriminatory terms (RAND). Judge Holderman then issued an order to show to cause why the patent should not be held unenforceable as to Tellabs. This case presents many…
Texas jury rejects Wi-LAN’s cellular-essential patent infringement claims
A couple weeks ago, we posted about an interesting pretrial damages ruling in a patent infringement case (actually, several cases) brought by non-practicing entity Wi-LAN against a number of standards-compliant device makers (Sony, Ericsson, Alcatel-Lucent, and HTC). But yesterday, an Eastern District of Texas jury decided that the damages issue was irrelevant, finding that all…
Texas jury finds router makers infringe Ericsson WiFi patents (Ericsson v. D-Link et al.)
Over the past couple weeks, a jury trial was held in Tyler, Texas on Ericsson’s November 2010 complaint that wireless equipment makers D-Link Corp., Belkin International, Netgear, Acer, Gateway, Dell, and Toshiba infringe several Ericsson patents related to the IEEE 802.11 wireless networking standard and 802.11-compliant equipment (case no. 6:10-cv-00473). Yesterday, the jury returned its…
Microsoft-Motorola trial “phase two” set for August 26, 2013 — and it will be a jury trial
A couple months ago, Microsoft asked Judge James L. Robart to confirm that the second phase of the Microsoft-Motorola RAND breach of contract trial — in which the actual breach and damages issues will be addressed — would be tried to Judge Robart himself, and not a jury (a motion that Motorola opposed). Microsoft…