Yesterday Judge Whyte issued an Order with tentative rulings on motion’s in limine and Daubert motions for the upcoming Realtek v. LSI trial where the jury will determine (1) a RAND rate, (2) damages based on the court’s prior ruling that LSI breached its RAND obligations by seeking an exclusion order at the ITC before

Today Judge Robart issued an Order certifying a Rule 54(b) judgment in the Microsoft v. Motorola case where he had issued a first of its kind RAND rate ruling on Motorola H.264 and 802.11 standard essential patents (SEPs) and sustained the jury verdict that Motorola breached its RAND obligations in offering a license to Microsoft. 

Reminder (and correcting some email notices) that the Essential Patent Blog and Kelley Drye & Warren LLP will host a complimentary webinar on Thursday, Oct. 17 at 12pm Eastern to discuss the import of Judge Holderman’s Oct. 3 RAND opinion in the Innovatio IP Ventures Patent Litigation and comparison with Judge Robart’s RAND methodology from

The Court presiding over Wi-LAN’s patent infringement litigation against HTC and Exedea recently entered an order memorializing the court’s oral rulings on various pre-trial motions and disputes during a September 26, 2013 pre-trial hearing, including whether Wi-LAN’s alleged failure to offer a license on FRAND terms remained an issue in the case after defendants voluntarily

Today the court posted the public version of Judge Holderman’s 89-page ruling on what constitutes RAND for Innovatio’s WiFi patents — posted much sooner than anticipated in our earlier post.  The court applied a modified version of Judge Robart’s methodology to determine the RAND rate to be paid by manufacturers of WiFi equipment for

Yesterday, Judge Robart issued an Order that denied Motorola’s motion to overturn the jury’s verdict that Motorola breached its RAND obligations in dealing with Microsoft on standard essential patents (SEPs) for IEEE 802.11 WiFi standards and ITU H.264 video compression standards. Judge Robart’s ruling here indicates that assessing compliance with a RAND obligation is a

Another week, and another standard-essential patent trial.  Whereas last week brought us the jury’s verdict finding a RAND breach in the Microsoft-Motorola case, the trial this week relates to a determination of the appropriate RAND royalty rate for Innovatio IP Ventures, LLC’s WiFi-essential patent portfolio (consisting of patents previously owned by Broadcom).

You may

The sprawling patent infringement action in the Northern District of Illinois involving Innovatio IP Ventures is often in the headlines not because it involves standard-essential patents, but because it involves (in part) patent infringement claims brought by a non-practicing entity (Innovatio) against “end users” (coffee shops, hotels, restaurants, etc.).  But last Friday, Judge James F. Holderman issued a ruling that may be the first of its kind for a district court — a ruling addressing the “essentiality” of patent claims, separate and apart from the issue of infringement.  If you’re not familiar with this case (and even if you are), bear with us — we’ll try to explain just why this ruling is so “essential” (sorry).

[2013.07.26 (Dkt 851) Order re Essentiality]

Warning — this is going to be a long post.Continue Reading Judge issues “essential” first-of-its-kind ruling, finding all of Innovatio’s WiFi-related patent claims to be 802.11-essential (and subject to RAND obligations)

Over the past couple weeks, a jury trial was held in Tyler, Texas on Ericsson’s November 2010 complaint that wireless equipment makers D-Link Corp., Belkin International, Netgear, Acer, Gateway, Dell, and Toshiba infringe several Ericsson patents related to the IEEE 802.11 wireless networking standard and 802.11-compliant equipment (case no. 6:10-cv-00473).  Yesterday, the jury returned its