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News & Analysis as of

IPR Motions for Joinder are Common, But Not Automatic

Recent statistics show that motions for joinder are granted about 60% of the time. While parties can, therefore, expect a sympathetic ear regarding these motions, they are not always successful and it is worth noting the...more

Advocate General Wathelet in Huawei Technologies: Disappointing Opinion

Advocate General Wathelet’s disappointing Opinion in Huawei Technologies sets out a test that is divorced from reality. - The application of competition and antitrust law to standard essential patents (“SEPs”) is a...more

Developments in the Capacitor Cartel Litigation: Class Counsel Appointed and the Antitrust Division Intervenes

In July, we wrote about two putative class action lawsuits alleging that Panasonic, Samsung, and other electronics manufacturers had formed a cartel to boost prices of certain electronic capacitors. Since then, the cases have...more

Prevailing Party Awarded Taxable Costs from Production to Opposing Party (California)

Apple Inc. v. Samsung, 2014 WL 4745933 (N.D. Cal. Sept. 19, 2014). In this intellectual property case, the plaintiff sought to recover around $1.5 million in costs for producing documents to an online hosted...more

2014 IP Record Shows Continued Growth for Design Patent Filings [Video]

Tracy-Gene G. Durkin, director at the intellectual property law firm Sterne, Kessler, Goldstein & Fox, P.L.L.C., examines data and trends from the Intellectual Property Owners Association's 2014 IP Record. Ms. Durkin...more

Blog: U.S. Supreme Court Denies Review In Jaffe v. Samsung, Letting Stand The Fourth Circuit’s Decision Applying Section 365(n) To...

On Monday, October 6, 2014, the U.S. Supreme Court issued an order denying the petition for a writ of certiorari in the Jaffe v. Samsung case, also known as the Qimonda case. The Supreme Court let stand the Fourth Circuit’s...more

Lightning Strikes and Patent Owner Gets Additional Discovery

In Samsung Electronics Co., Ltd. v. Black Hills Media, LLC, IPR2014-00717, Paper 17, IPR2014-00735, Paper 17 (October 2, 2014), the patent owner presented sufficient information to call into question whether Google was also a...more

Apple v. Samsung: Samsung's Invalidity Challenge to Apple's Patents Denied Where Legal Theory Was Not Disclosed until after Trial

After the jury trial between Apple and Samsung, and shortly before the July 10, 2014 hearing on post-trial motions, Samsung requested leave to file supplemental briefing to argue that the asserted claims of two of Apple's...more

Patent Filings, Decisions, Dispositions and Rehearings on September 3, 2014

Institution Decisions - In NeuLion, Inc. v. Cascades Ventures, Inv., IPR2014-00526, Paper 23 (September 3, 2014), the Board denied inter partes review of U.S. Patent No. 8,156,236....more

IP Newsflash - August 2014 #5

Apple’s Motion for Permanent Injunction Denied - After the court found that Samsung infringed one of Apple’s patents on summary judgment and a jury found that Samsung infringed two others, Apple filed a motion for a...more

More Details, Details

Samsung Electronics Co., Ltd. v. Affinity Labs of Texas, IPR2014-01184, Paper 3, IPR2014-01182, Paper 3, IPR2014-01181, Paper 3, August 5, 2014), the Board granted the Petition a filing date, but gave the petitioner five...more

Cartel Suits Filed Against Capacitor Manufacturers after Reports of Cooperation with Authorities

A pair of putative class actions has been filed in the past two weeks charging Panasonic, Samsung, and other electronics manufacturers with forming a cartel to boost prices in the sagging market for certain electronics...more

Ex Parte Contacts

In Samsung Electronics Co., Ltd. in Black Hills Media, LLC, IPR2014-00717 Papers 6 and 7, IPR2014-00735, Papers 8 and 9 (July 10, 2014), the patent owner sent an improper email to the Board. In response, the petitioner send...more

Apple v. Samsung: Court Denies Samsung's Request for Discovery Based on Apple's Alleged Disclosure of Confidential Information

In the ongoing patent battle between Samsung and Apple, Samsung, trying to turn the tables on Apple, filed a motion for sanctions based on Apple's disclosure of confidential information. The court had previously sanctioned...more

ITC Section 337 Update

U.S. Supreme Court Overturns Federal Circuit Standards For Patent Inducement Infringement And Indefiniteness – In two decisions on June 2, 2014, the U.S. Supreme Court materially changed the standards for patent...more

European Commission Takes Action to Limit Injunctions for SEPs

On April 29, 2014, the European Commission ("Commission") adopted a decision against Motorola Mobility LLC (“Motorola”), a wholly owned subsidiary of Google Inc., and entered into a settlement agreement with Samsung...more

Right of Publicity? First, Let Me Take a Selfie

“Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the shot using his Samsung smartphone during a visit to the...more

New Jersey District Court Cleans Up Complaint in Washing Machine Class Action Litigation

Washing machine class actions have been so active recently that some firms may be scrambling to form their own appliance-law practice groups. And who knows? That might not be a bad idea. Some of our greatest legal minds,...more

Toshiba & Samsung Argue - Technology Evolves/Patent Claims Don't

Judge Steve C. Jones entered a Markman Order (full order here) in the dispute between Synchrome Technology Inc. (“Synchrome”), as plaintiff, and Toshiba America Information Systems, Inc. (“Toshiba”), and Samsung...more

March 20, 2014 Patent Filings

New Filings - Samsung Electronics Co. Ltd filed IPR 2014-00514 challenging U.S. Patent No. 8,023,580, assigned to Rembrandt Wireless Technologies, LP. ...more

March 19, 2014 Patent Terminations

Termination - The Board terminated Samsung Electronics Co., Ltd.v. U.S. Ethernet Innovations, LLC, IPR2013-00384, Paper 16 (March 19, 2014), on the joint motion of the paries, the Board noting that the proceeding still...more

Bernstein Shur Business and Commercial Litigation Newsletter #36

We are proud to celebrate three years of the Bernstein Shur Business and Commercial Litigation Newsletter with this 36th edition. This month, we highlight developments in the following areas, which are likely to have an...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

Fourth Circuit Affirms Application of Section 365(n) to Ensure Patent Licensees Sufficiently Protected in Granting Relief to...

The Court of Appeals for the Fourth Circuit, in Jaffe v. Samsung Elecs. Co., Ltd., recently held that a U.S. bankruptcy court is not required under principles of comity to blindly apply foreign law to assets located in the...more

Apple v. Samsung: District Court Denies Samsung's Emergency Renewed Motion for Stay Pending Reexamination of Apple's Patent

In the continuing battle between Apple and Samsung, Samsung recently filed an emergency motion to stay pending reexamination of an Apple patent. To analyze whether the stay was appropriate, the district court provided an...more

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