The Source for Standard-Essential & Other Patent Litigation Issues
This week, Innovatio IP Ventures, LLP filed three new patent infringement cases in the Northern District of Illinois against Realtek Semiconductor Corporation, Marvell Semiconductor, Inc. and Media USA, Inc., manufacturers of WiFi chips. The complaints are identical, save for the defendants’ names and accused products.
Innovatio alleges that the WiFi chips made and sold…
Today Judge Whyte issued his awaited post-trial rulings following the jury’s RAND determination on LSI’s IEEE 802.11 WiFi patents in which he (1) denied JMOL motions by both Realtek and LSI, (2) ruled on Realtek’s injunction and declaratory relief requests by denying Realtek’s request to enjoin LSI from seeking to enforce RAND-obligated patents without first…
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…
Well that didn’t take long — yesterday the Ninth Circuit dismissed LSI’s appeal from Judge Whyte’s preliminary injunction that enjoined LSI from seeking to enforce any exclusion order entered by the ITC on the standard essential patents at issue in the district court litigation before LSI first offered a RAND license to Realtek. Our March…
Yesterday Judge Whyte entered a post-trial scheduling order setting briefing and hearing dates for post-trial motions as well as Realtek’s request to permanently enjoin LSI “from enforcing, or seeking to enforce, any exclusion order or injunction that Defendants [LSI] might obtain with regard with regard to the ‘958 and ‘856 patents [LSI’s WiFi SEPs at…
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…
Yesterday, the jury in the Realtek v. LSI case before Judge Whyte returned a verdict finding that a RAND royalty for LSI’s two patents alleged essential to IEEE 802.11 WiFi standard would total about 0.19% of the total sales prices of Realtek’s WiFi chips (0.12% for one patent plus 0.07% for the other). This RAND…
Last month, the ITC issued a Notice of ALJ David P. Shaw’s Final Initial Determination on Violation in In the Matter of Certain Audiovisual Components and Products Containing the Same (Inv. No. 337-TA-837), the investigation into LSI/Agere’s allegations that Realtek and Funai infringed 802.11-essential and H.264-essential patents (as well as one non-SEP). The ITC found…
Yesterday, Administrative Law Judge David P. Shaw issued a Notice of Initial Determination in In the Matter of Certain Audiovisual Components and Products Containing Same (No. 337-TA-837), an ITC Section 337 investigation based on an infringement complaint brought by LSI and Agere against Funai, Realtek, and Mediatek (who had previously settled out of the case). …
Earlier this week, we discussed N.D. Cal. Judge Ronald Whyte’s order granting partial summary judgment and issuing a preliminary injunction in a Realtek v. LSI district court case. As we explained in our post, while the district court found that LSI had breached its contractual RAND obligations by filing an ITC complaint without first making…
