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

As we noted last week, various non-parties have begun submitting statements on the public interest in connection with ITC Inv. No. 337-TA-800, In the Matter of Certain Wireless Devices With 3G Capabilities and Components Thereof.  Over the last several days, both the complainant InterDigital and each of the respondents (Nokia, Huawei, and ZTE) have

The U.S. Trade Representative’s recent disapproval of the ITC’s exclusion order in Inv. No. 337-TA-794 has generated a lot of discussion and uncertainty about the future enforcement of standard-essential patents at the U.S. International Trade Commission. But it seems generally accepted that going forward, both the Commission and litigants are going to have do

Yesterday, we covered some of the wide-ranging reaction to U.S. Trade Representative Michael Froman’s decision to veto the ITC’s exclusion order in Inv. No. 337-TA-794.  One recurring theme was the question of what this ruling might mean for other SEP-related Section 337 cases that are currently at the ITC (or may be brought in the

Even though it was released on a Saturday, U.S. Trade Representative Michael Froman’s disapproval of the exclusion and cease & desist orders in ITC Inv. No. 337-TA-794 has understandably generated a lot of chatter in industry and the patent world.  Many are hailing the decision, while others disagree with the veto and/or believe it should

Today, U.S. Trade Representative (USTR) Michael Froman issued his long-anticipated decision regarding the U.S. International Trade Commission’s exclusion order in ITC Inv. No. 337-TA-794 involving Samsung and Apple.  And as you may have heard by now, the verdict is…

The exclusion order has been “disapproved of” — i.e., overturned, vetoed, not going to go into

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 ThereofInv. No. 337-TA-800 — the ITC’s investigation into InterDigital’s accusations that Huawei, Nokia, and ZTE infringed several

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 ThereofInv. 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.


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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

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).