Motorola

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Seventh Circuit Affirms Dismissal of Motorola’s LCD Antitrust Claims Based on Foreign Purchases

On March 27, in the latest major development in Motorola Mobility’s lawsuit alleging price-fixing of liquid crystal display modules (LCDs), a three-judge panel of the Seventh Circuit, including renowned antitrust jurist Judge...more

FTAIA and Foreign Sales: Seventh Circuit Limits Extraterritorial Reach of U.S. Antitrust Law in Motorola Mobility v. AU Optronics

On March 27, 2014, in Motorola Mobility LLC v. AU Optronics Corp., the Seventh Circuit set precedent in the growing body of law interpreting the Foreign Trade Antitrust Improvements Act (FTAIA). Judge Posner held that the...more

The Merciful Board

In Motorola Mobility LLC. v Intellectual Venture I LLC, CBM2014-00084, Paper 6 (April 3, 2014), the Board had given Motorola Mobility five days to submit a corrected petition, removing the argument from its claim charts, but...more

Motorola Mobility LLC v. AU Optronics Corp.: Seventh Circuit Clarifies Reach of U.S. Antitrust Law to Foreign Commerce

A recent decision from the Seventh Circuit, Motorola v. AU Optronics Corp., provided much-needed clarification on the scope of the Foreign Trade Antitrust Improvements Act (“FTAIA”). Specifically, the court’s decision...more

European Union: Assessment Of IP Licensing Agreements Under EU Competition Law*

In recent years there has been a remarkable expansion of antitrust enforcement in the area of intellectual property (IP). This trend is illustrated by an increasing willingness of the European Commission (the Commission) and...more

Motorola Mobility Takes Down Another Patent Via Inter Partes Review

The early promise of the potential of inter partes review proceedings for patent challengers is proving out, as another petition results in the unpatentability of all challenged claims in Motorola Mobility LLC v. Arnouse...more

Motorola Loses Antitrust Claims Based on Foreign Purchases

In a landmark decision in the long-running TFT-LCD price-fixing litigation, an Illinois federal court last week dismissed more than $3 billion worth of damages claims by cell phone maker Motorola Mobility, Inc. ...more

LCD Court Dismisses Motorola’s Multi-Billion Dollar Antitrust Claims Based On Overseas Purchases

On January 23, in a landmark decision that is one of the most important yet to be handed down in the sprawling LCD antitrust litigation pending in various federal courts since 2006, Judge Joan Gottschall of the Northern...more

“Inherency Requires More Than Probabilities” - Motorola Mobility, LLC v. Int’l Trade Comm’n

Addressing whether an essential claim limitation is inherently present in a prior art reference for purposes of an anticipation analysis, the U.S. Court of Appeals for the Federal Circuit affirmed a ruling out of the U.S....more

BakerHostetler Patent Watch: Motorola Mobility LLC v. Int'l Trade Comm'n

On December 16, 2013, in Motorola Mobility LLC v. Int'l Trade Comm'n, the U.S. Court of Appeals for the Federal Circuit (Rader,* Prost, Taranto) affirmed the Commission's determination, inter alia, that Motorola violated 19...more

Wearable Computing—The Next Front in the Smartphone Wars?

The rapidly shrinking size of computer components and the development of high-speed wireless signaling technologies have made mobile computing devices ubiquitous. Users can now access data and applications from virtually...more

The “I Was Just Trying To Land A New Job” Defense To Criminal Trade Secret Theft Charges

On February 28, 2008, Hanjuan Jin, a Chinese-born former software engineer for Motorola, arrived at Chicago O’Hare Airport en route to Beijing. During a random customs check, officials discovered that she had a one-way...more

Motorola Escapes Microsoft by Ducking Under ITC Domestic Industry Requirement

In Microsoft Corp. v. International Trade Commission, the Federal Circuit upheld the ITC’s determination that Microsoft had failed to establish that there was a “domestic industry” relating to three of four patents asserted...more

Business Litigation Report -- September 2013

In This Issue: ..Private Antitrust Litigation in the UK ..First Decision by PTO Under America Invents Act Invalidates Business Method Patent ..September 2013: Bankruptcy & Restructuring Litigation...more

ITC Section 337 Update – October 4, 2013

Commission Issues Notice Of Shutdown Of Investigative Activities – On October 1, 2013, the Commission issued a Notice that, as a result of the broader shutdown of the federal government, the Commission “will shut down...more

ITC Section 337 Update—September 10, 2013

- Jury Finds That Motorola Breached FRAND Obligations By Offering Microsoft A License At An Unreasonable Royalty Rate – On September 4, 2013, a Jury in the United States District Court for the Western District of Washington...more

ITC Section 337 Update – August 7, 2013

White House Disapproves Commission Determination To Issue Exclusion Order In 794 Investigation – By Letter of August 3, 2013, U.S. Trade Representative Michael Froman, acting on authority from the President, notified...more

BakerHostetler Patent Watch: Apple, Inc. v. Int'l Trade Comm'n

[E]vidence relating to all four Graham factors -- including objective evidence of secondary considerations -- must be considered before determining whether the claimed invention would have been obvious to one of skill in the...more

An Unreasonable Royalty Rate is No Gaming Matter

The Honorable Judge James L. Robart recently took on the challenging task of determining a reasonable and non-discriminatory (“RAND”) royalty rate for Motorola’s standards-essential patents (“SEP”). Microsoft Corp. v....more

A First for FRAND: Federal Court in Microsoft v. Motorola Sets FRAND Royalty Rates for Standard Essential Patents

Microsoft v. Motorola developed a framework for courts to assess fair, reasonable and non-discriminatory (FRAND) terms for standard-essential patents. Its roadmap and analysis will probably influence future FRAND cases in...more

Landmark Court Opinion Provides Guidance in Determining RAND Royalties for Standard-Essential Patents

On April 25, 2013, U.S. District Judge James Robart (W.D. Wash.) issued a much-anticipated opinion in a dispute between Microsoft Corporation (“Microsoft”) and Motorola, Inc., Motorola Mobility, Inc., and General Instrument...more

"US District Court Issues First Decision Calculating a FRAND Royalty for Standard-Essential Patents"

Why this case is important: - First decision to set a framework for determining a FRAND royalty; and - Provides guidance for calculating the value of a SEP, affecting (1) SEP holders and potential licensees...more

Obama Administration Reports on Efforts to Prevent Trade Secret Misappropriation

The Obama Administration issued a Report earlier this month, entitled "Administration Strategy on Mitigating the Theft of U.S. Trade Secrets," that sets forth its efforts to prevent trade secret misappropriation. The Report...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

Can An “Anti-Patent Troll” Be a Monopsonist or a Section 1 Conspirator?

A recent interesting case suggests that “anti-patent trolls” may in theory face antitrust liability. In Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), Judge Yvonne...more

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