Earlier this week, the ITC issued the public version of ALJ David P. Shaw’s Initial Determination finding no violation of Section 337 in in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-800 — the ITC’s investigation into InterDigital’s accusations that Huawei, Nokia, and ZTE infringed several
ITC releases public version of ALJ’s Initial Determination in InterDigital 3G patent case (Inv. No. 337-TA-800)
A month ago, we alerted you to ALJ David P. Shaw’s Initial Determination finding no violation of Section 337 in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-800 — the ITC’s investigation into InterDigital’s accusations that Huawei, Nokia, and ZTE infringed several 3G-essential InterDigital patents. Yesterday, the ITC finally released the public version of the ~450 page Initial Determination.
[337-TA-800 Initial Determination (PUBLIC)]
As we noted in our post on the parties’ respective petitions for review, while the ALJ found no infringement of any valid patent claims (and therefore no violation of Section 337), he did address the Respondents’ FRAND-related defenses — and made some interesting findings. After the jump, we’ll take a quick look at these findings, which begin on page 417 of the Initial Determination.Continue Reading ITC releases public version of ALJ’s Initial Determination in InterDigital 3G patent case (Inv. No. 337-TA-800)
Huawei, Nokia, and ZTE ask the ITC to vacate findings that InterDigital complied with its ETSI-related FRAND obligations (Inv. No. 337-TA-800)
About a month ago, Administrative Law Judge David Shaw issued a Notice of Initial Determination in ITC Inv. No. 337-TA-800, concluding that InterDigital failed to prove that Respondents Huawei, Nokia, and ZTE infringed any valid patent claims that InterDigital asserted as essential to 3G cellular standards (several claims of one patent were found infringed, but…
Delaware judge pares down FRAND-related counterclaims in InterDigital district court cases
This past Friday, Judge Richard Andrews of the District Court of Delaware held a hearing on InterDigital’s motions to dismiss several FRAND-related counterclaims in three district court cases InterDigital brought against Huawei, ZTE, and Nokia over 4G-essential patents. For a brief refresher on the issues raised in InterDigital’s motions to dismiss — which have been…
ITC rules against InterDigital’s claims of 3G-essential patent infringement in preliminary finding
On Friday, U.S. International Trade Commission Administrative Law Judge David P. Shaw issued a Notice of Initial Determination in In the Matter of Certain Wireless Devices with 3G Capabilities and Components Thereof, Inv. No. 337-TA-800. This investigation was originally instituted nearly two years ago based on a complaint filed by InterDigital against Huawei, Nokia, ZTE, and LG, in which InterDigital accused the companies of infringing several InterDigital patents alleged to be essential to various 3G cellular communications standards. The evidentiary hearing was held in January 2013, and the case involves the intersection of a two issues that have drawn a lot of attention lately — the assertion of standard-essential patents at the ITC (and what if any relevance FRAND licensing obligations have to the proceedings), as well as patent infringement cases brought by non-practicing entities (InterDigital is an NPE that has been deemed a “patent troll” by some, while others take a more favorable view of the company’s activities).
So far, it appears that InterDigital’s SEP infringement assertions have failed (at least for now). While the public version of ALJ Shaw’s Initial Determination won’t become available for at least a few weeks, Friday’s Notice indicates that ALJ Shaw found no violations of Section 337 with respect to any of the seven remaining asserted patents.
Continue Reading ITC rules against InterDigital’s claims of 3G-essential patent infringement in preliminary finding
Nokia opposes InterDigital’s motion to dismiss FRAND counterclaims
If all of these InterDigital-related FRAND issues seem hard to keep track of, they are — InterDigital is currently suing Huawei, Nokia, Samsung, and ZTE all in a single ITC action (337-TA-868) and in separate parallel actions in Delaware (as well as some of the same parties in a different ITC case, 337-TA-800…
Nokia amicus brief urges Federal Circuit to reverse Judge Posner’s standard-essential patent rulings
Earlier this week, both Nokia and BlackBerry (formerly Research In Motion) were both granted leave to file amicus briefs with the Federal Circuit in the Apple v. Motorola appeal of Judge Posner’s June 2012 decision to dismiss the parties’ respective infringement claims. BlackBerry’s brief is still confidential, but Nokia’s is now publicly available.
[2013.05.06 Nokia Amicus Brief]
While Nokia’s amicus brief is styled as being “in support of neither party,” it’s clear that Motorola should be the one happy here — Nokia asks the Federal Circuit to reverse Judge Posner’s decisions relating to Motorola’s standard-essential patents at issue, both with respect to damages and injunctive relief. Nokia claims that Judge Posner’s ruling (1) creates a bright line rule against injunctions that violates Supreme Court precedent, and (2) unnecessarily devalues standard-essential patents by mandating that any damages be based on the smallest salable unit, which runs contrary to industry practices in SEP licensing. A summary is after the jump.
InterDigital seeks dismissal of Nokia’s FRAND counterclaims
Earlier this month we covered InterDigital’s efforts to dismiss Huawei and ZTE’s FRAND counterclaims, which were asserted against InterDigital in litigations in the U.S. District Court in Delaware. Yesterday, InterDigital filed another motion to dismiss FRAND-related counterclaims in a different Delaware district court litigation — this time, InterDigital seeks to have Nokia’s FRAND counterclaims…
Delaware district court denies motion to expedite FRAND determination in InterDigital case
Last week, we posted about ALJ Robert K. Rogers’ decision to deny the motion brought by Huawei, Nokia, and ZTE to stay InterDigital’s latest standard-essential patent ITC case (Inv. No. 337-TA-868) pending a FRAND determination in district court. On Thursday March 14, these parties’ efforts to seek an expedited FRAND determination took another blow. Judge Richard G. Andrews of the District Court of Delaware denied a motion brought by Huawei and ZTE to expedite discovery and trial on FRAND-related counterclaims.
Continue Reading Delaware district court denies motion to expedite FRAND determination in InterDigital case
ALJ denies motion to stay InterDigital ITC case pending potential FRAND determination
Late yesterday, Administrative Law Judge Robert K. Rogers issued an order denying the motion brought by Huawei and ZTE (later joined by Nokia) to stay ITC Inv. No. 337-TA-868 pending the outcome of a potential FRAND determination in the District of Delaware. As we noted in our initial post on this motion, this is not altogether surprising, given the ITC’s statutory mandate to decide cases quickly. So it looks like InterDigital’s latest standard-essential ITC case will stick with the procedural schedule on a path to a December 2013 hearing. Huawei and ZTE’s quest to avoid a potential exclusion order, meanwhile, will shift to the Delaware district court, where they recently told the court that it could enjoin InterDigital from enforcing any ITC exclusion order on its SEPs until FRAND issues are resolved.
The order itself is confidential, but the screenshot below shows
Continue Reading ALJ denies motion to stay InterDigital ITC case pending potential FRAND determination