Standards-Essential Patents International Trade Commission

News & Analysis as of

ITC Finds Nokia Does Not Infringe Interdigital Patents, So Does Not Address FRAND Issues (337-TA-613)

On Friday, the U.S. International Trade Commission issued a Notice on its review of Judge Essex’s decision in the InterDigital v. Nokia investigation and found that Nokia did not infringe InterDigital’s 3GPP patents (see our...more

Ninth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola

Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its...more

Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

The Ninth Circuit yesterday (July 30, 2015) issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory...more

Ninth Circuit Affirms Judge Robart’s RAND Decision (Microsoft V. Motorola)

Yesterday, the Ninth Circuit court of appeals issued a decision affirming Judge Robart’s RAND decision in the much watched Microsoft v. Motorola case, basically ruling that the determination of a reasonable and...more

ALJ Essex Elaborates an Evidence-Based Framework for Adjudicating the FRAND Defense

Administrative Law Judge Essex recently issued the public version of his Initial Determination on Remand in International Trade Commission investigation No. 337-TA-613, In the Matter of Certain 3G Mobile Handsets and...more

ITC Section 337 Update - April 2015

Motorola’s Appeal To Ninth Circuit Of A Jury Determination That Motorola Breached Its FRAND Obligation – In a case involving the first time a federal district court judge determined a FRAND royalty rate for standard essential...more

ITC Section 337 Update - May 2014

Federal Circuit Holds That There Is No Per Se Rule That Injunctions Are Not Available For Standard Essential Patents – In an Opinion by Circuit Judge Reyna on April 25, 2014 in Apple Inc. v. Motorola Mobility Inc.,...more

ITC Section 337 Update – November 18, 2013

Commission To Review FRAND Issues - In 837 Investigation – In one of the Commission’s first reviews of whether to issue an exclusion order involving a standard essential patent (“SEP”) since the President’s disapproval...more

Federal Circuit Review - Volume 3 | Issue 9 September 2013

In This Issue: • Smartphone War Update: Some of Apple’s Patents Survive Invalidity Challenge • Sale by Foreign Supplier Invalidated Patent • District Court Abused Discretion in Refusing to Keep Confidential...more

The International Trade Commission: Easier Injunctive Relief-Except for Standard-Essential Patent Holders

Earlier this summer, the Obama administration dealt a blow to Standard-Essential Patent (SEP) holders by reversing an International Trade Commission (ITC) exclusion order granted in favor of an SEP holder. This action...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

USTR Rejects Import Ban On Apple Inc. Products

For the first time in 26 years, the White House exercised its veto authority over an International Trade Commission ("ITC") Exclusion Order. On June 4, 2013, the ITC determined in Investigation No. 337-TA-794 that Apple had...more

Trade & Manufacturing Alert - September 2013

In This Issue: - Update On TPP Negotiations - U.S. & China Conclude Fifth Meeting Of Strategic & Economic Dialogue - USTR Rejects Import Ban On Apple Inc. Products - News Of Note ..Gilbert Kaplan In New...more

President Disapproves ITC Exclusion Order In -794 Investigation On Public Interest Grounds

On August 3, 2013, the President acting through the U.S. Trade Representative (USTR) disapproved the decision of the U.S. International Trade Commission (ITC or “Commission”) to issue an exclusion order in Certain Electronic...more

Latest Developments On Injunctive Relief For Infringement Of FRAND Encumbered SEPs

This memorandum is directed to the current state of the case law in the U.S. International Trade Commission (ITC or “Commission”), the U.S. Federal Trade Commission (FTC) and the U.S. District Courts for parties seeking to...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

Obama Administration Disapproves ITC’s Exclusion Order on Apple Products

On August 3, 2013, U.S. Trade Representative Michael Froman, acting under the authority of President Obama, sent a letter noting his disapproval of the International Trade Commission’s determination to issue an exclusion...more

Obama Administration Vetoes Apple ITC Ban Is the chilling effect limited to SEP actions?

On the final day of a 60-day review period under Section 337 of the Tariff Act of 1930, the Obama Administration notified the U.S. International Trade Commission of its disapproval of an import and sales ban handed down in...more

White House Reins in ITC on Standard-Essential Patents

On Aug. 3, 2013, the Obama Administration vetoed the U.S. International Trade Commission’s June 4 order excluding certain Apple Inc. (“Apple”) products from import because they were found to infringe a standard-essential...more

United States Trade Representative Issues Rare Disapproval of U.S. International Trade Commission's Order Excluding Apple Products...

In a rare move, on August 3, 2013, the United States Trade Representative of the Executive Office of the President (USTR) issued a letter disapproving the United States International Trade Commission's (ITC's) determination...more

White House Should Rein In The ITC On SEPs

Outlier (noun): a person or thing differing from all other members of a particular group or set. Oxford English Dictionary. On June 4, 2013, the U.S. International Trade Commission issued the judicial equivalent of an...more

IP Update, Vol. 16, No. 7, July 2013

“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the...more

U.S. International Trade Commission Addresses Use of Standard-Essential Patents in Section 337 Investigations

The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing in section 337 of the Tariff Act of 1930 that precludes the Commission from...more

ITC Section 337 Update - July 2, 2013

ITC Launches Section 337 Investigation Pilot Program On New 100-Day ID Procedure – On Monday, June 24, 2013, the Commission advised that it launched a Pilot Program to test whether early rulings on certain dispositive...more

U.S. International Trade Commission Grants Injunctive Relief on Standard Essential Patent

The U.S. International Trade Commission has issued an exclusion order barring importation of certain older model Apple products for infringing a Samsung patent. The case is significant because the infringed patent was...more

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