Judge Richard Andrews of the District Court of Delaware dismissed Nokia and ZTE’s amended FRAND counterclaims against InterDigital on Wednesday, ruling that the amended declaratory judgment actions would not serve a useful purpose in the context of the parties’ ongoing litigation. Nokia and ZTE’s FRAND counterclaims involve around 500 patents identified to ETSI as possibly
Apple’s conflicting positions on essentiality between its non-infringement and failure to mark theories precluded summary judgment (Golden Bridge v. Apple)
Last week, Magistrate Judge Grewal in N.D. Cal. denied Apple’s motion for summary judgment that patent owner Golden Bridge Technology was precluded from seeking pre-suit damages due to its alleged failure to comply with the marking statute. Apple’s summary judgment argument was premised on Golden Bridge’s failure to mark the alleged SEP’s patent number on
Federal Circuit quietly ends once dramatic Samsung ITC investigation against Apple (337-TA-794)
Yesterday the Federal Circuit issued a blank Rule 36 summary affirmance of the U.S. International Trade Commission’s (ITC) determination that Apple did not infringe a Samsung patent alleged to cover a UMTS standard. Recall that last year the ITC entered an exclusion order against Apple products found to infringe a Samsung standard essential patent, but
European antitrust decisions establish “safe harbour” for willing licensees of standard essential patents
Yesterday, the European Commission issued decisions in two antitrust proceedings centered around the enforcement of standard essential patents (SEPs). The decisions, one involving Samsung and the other Motorola, essentially create a “safe harbour” for willing licensees of FRAND-encumbered SEPs to avoid an injunction and address the circumstances under which an SEP holder may seek injunctive
German Court Dismisses IPCom’s $2.2 Billion (€1.57B) Infringement Action Against Apple
Germany’s Mannheim Regional Court announced this morning that Apple did not infringe the IPCom patents alleged to be essential to the 3G/UMTS standard. As discussed in our February 6, 2013 post, IPCom was seeking over $2 billion from Apple for infringement of European Patent EP1841268 and related German patent DE19910239 alleged to be essential
German Patent Monetization Entity, IPCom, Seeking $2 Billion from Apple for SEP Infringement
In the midst of ongoing litigation against Nokia and HTC abroad, German patent monetization firm IPCom’s claim of patent infringement against Apple will be heard before Germany’s Mannheim Regional Court next Tuesday, February 11 (see our Januray 2013 post for some additional information on how patent litigation and RAND issues are handled in Germany). IPCom
Apple Argues SEP Issues to Federal Circuit in Samsung ITC Appeal
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
Could President Obama veto the ITC’s order excluding imports of certain Apple iPhones and iPads?
In the wake of the ITC’s landmark exclusion order barring imports of certain Apple 3G products, we noticed an interesting question raised by Prof. Brian J. Love of Santa Clara law school, among others:
Professor Love is referring to one of several legislative recommendations and executive actions related to the patent system and patent litigation
ITC issues exclusion order against Apple based on infringement of Samsung 3G-essential patent (Inv. No. 337-TA-794)
The ITC just issued a Notice of Final Determination in Inv. No. 337-TA-794, the investigation concerning Samsung’s complaint against Apple. (For a refresher on the case and issues, check out our previous posts). In a decision that will reverberate across the standard-essential patent world, the Commission has determined that Apple’s products at issue
U.S. International Trade Commission expected to rule tomorrow on availability of exclusion orders for infringement of FRAND standard-essential patents (337-TA-794)
Spring has been an interesting time in the world of standard-essential patent litigation. Last month brought us Judge Robart’s groundbreaking RAND-setting opinion in Microsoft v. Motorola; this month, it’s the ITC’s turn. Tomorrow is the (thrice-extended) target date in In the Matter of Certain Electronic Devices, Including Wireless Communication Devices, Portable Music