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Non-practicing entity US Ethernet Innovation’s (“USEI”) infringement action against Samsung was brought to a close last Friday, with E.D. Tex. Judge Michael H. Schneider granting the parties’ joint motion for dismissal with prejudice. USEI filed this action against Samsung and peripheral printing device manufacturer OKI Data Americas on June 22, 2012, alleging that certain OKI…

Judge Koh recently granted Apple and Samsung’s stipulated request to dismiss without prejudice Samsung’s claims that Apple infringes certain declared-standard essential patents (SEPs) and Apple’s related FRAND defenses and counterclaims.  There is no indication in the filing that the parties are negotiating a settlement as to those SEPs, though that’s always a possibility.  The stipulation…

On Friday, the U.S. Department of Justice (“DOJ”) announced that it was closing its investigation into Samsung’s use of standard essential patents, which investigation had “focused on Samsung’s attempts to use its SEPs to obtain exclusion orders from the [ITC] relating to certain iPhone and iPad models.”  DOJ stated that further investigation was no longer…

Last week, Apple filed its brief as an intervenor in the Federal Circuit appeal involving Samsung’s stymied ITC case against Apple (Inv. No. 337-TA-794).  Arguing the ITC’s finding of no violation should be affirmed with respect to the one patent-at-issue, Apple’s brief raised a number of SEP issues involving Samsung’s involvement with the IETF and…

Ericsson announced a global cross-license settlement agreement with Samsung for patents relating to GSM, UMTS and LTE standards, which settlement includes two ITC investigations and litigation in E.D. Tex. that we have followed.  Reports estimate that, in addition to exchange of consideration such as cross-licenses, Samsung will make an upfront payment to Ericsson of $650…

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 …

Today the Federal Circuit issued a decision that reversed and remanded the denial of Apple’s request to permanently enjoin Samsung mobile devices found to infringe Apple patents.  This decision appears more flexible than the court’s prior rejection of a preliminary injunction in this case with respect to establishing a casual nexus between the alleged infringement…

A couple weeks ago, we noted that Ericsson had submitted a Notice of New Authority in its ITC case against Samsung (Inv. No. 337-TA-862) concerning the USTR’s recent disapproval of the exclusion order in ITC Inv. No. 337-TA-794.  In this Notice of New Authority, Ericsson requested that presiding Administrative Law Judge David P. Shaw…

Ericsson is a company that holds a significant number of standard-essential patents, and often seeks to monetize and enforce them.  (They were just awarded infringement damages in Texas, and they’re engaged in an SEP duel with Samsung in the ITC and in Texas).  It wasn’t surprising, then, when Ericsson last week suggested a framework for…