The Source for Standard-Essential & Other Patent Litigation Issues
Another week, and another standard-essential patent trial. Whereas last week brought us the jury’s verdict finding a RAND breach in the Microsoft-Motorola case, the trial this week relates to a determination of the appropriate RAND royalty rate for Innovatio IP Ventures, LLC’s WiFi-essential patent portfolio (consisting of patents previously owned by Broadcom).
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The sprawling patent infringement action in the Northern District of Illinois involving Innovatio IP Ventures is often in the headlines not because it involves standard-essential patents, but because it involves (in part) patent infringement claims brought by a non-practicing entity (Innovatio) against “end users” (coffee shops, hotels, restaurants, etc.). But last Friday, Judge James F. Holderman issued a ruling that may be the first of its kind for a district court — a ruling addressing the “essentiality” of patent claims, separate and apart from the issue of infringement. If you’re not familiar with this case (and even if you are), bear with us — we’ll try to explain just why this ruling is so “essential” (sorry).
[2013.07.26 (Dkt 851) Order re Essentiality]
Warning — this is going to be a long post.Continue Reading Judge issues “essential” first-of-its-kind ruling, finding all of Innovatio’s WiFi-related patent claims to be 802.11-essential (and subject to RAND obligations)
