News & Analysis as of

Standard Essential Patents International Trade Commission

ALJ Shaw: ITC is a Viable Forum for Enforcement of SEPs

The public version of ALJ Shaw’s Initial Determination (ID) in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (1012...more

ITC Issues First Exclusion Order on SEPs and Upcoming Opinion Expected To Provide Important Guidance on FRAND and SEPs

The decision in U.S. International Trade Commission (ITC) investigation Certain Magnetic Data Storage Tapes and Cartridges Containing the Same, Inv. No. 337-TA-1012 (“1012 Investigation”), is still confidential, but the ITC...more

Litigating standard-essential patents: recent developments

Over the course of the past year, there have been two notable decisions issued by the Federal Circuit and the International Trade Commission that impact the scope and nature of the remedies available for the infringement of...more

Federal Circuit Review | September 2015

by Knobbe Martens on

Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more

Alert: Ninth Circuit Provides Guidance on RAND Licensing Obligations

by Cooley LLP on

On July 30 the Court of Appeals for the Ninth Circuit issued a significant appellate decision that provides guidance regarding obligations imposed on licensors of patents that are required to comply with interoperability...more

ITC Section 337 Update – September 2015

by King & Spalding on

Judge MaryJoan McNamara Appointed New Administrative Law Judge at U.S. International Trade Commission – On August 17, 2015, the ITC issued a news release announcing that Judge MaryJoan McNamara has been appointed as an ALJ....more

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

by Kelley Drye & Warren LLP on

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

by Mintz Levin on

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

What is a RAND Licensing Rate? The Ninth Circuit Weighs in.

by Morrison & Foerster LLP on

July has just ended, and SEP and FRAND issues are in the air. On July 8, the Japan Fair Trade Commission (JFTC) sought public comments on its proposed amendments to its Guidelines for the Use of Intellectual Property under...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)

by Kelley Drye & Warren LLP on

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

FTC Commissioners Weigh in on FRAND Debate

by Mintz Levin on

Two weeks ago, Federal Trade Commission (FTC) Chairwoman Edith Ramirez, writing on her own behalf, submitted comments in Investigation No. 337-TA-613, Certain 3G Mobile Handsets and Components Thereof (the 613 Investigation)...more

Writing on Her Own Behalf, Chairwoman Ramirez Takes a Position on FRAND

by Mintz Levin on

Federal Trade Commission (FTC) Chairwoman Edith Ramirez took the unusual step on July 13, 2015, of filing a written submission on her own behalf — and expressly not on behalf of her agency — in Investigation No. 337-TA-613,...more

FRAND Defense: ALJ Essex Provides an Evidence-Based Framework

Administrative Law Judge Essex has made another important contribution to the ongoing conversation regarding the enforcement of standard essential patents (SEPs) at the International Trade Commission. Building on the analysis...more

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

by Mintz Levin on

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

PUBLIC VERSION Of Judge Essex ITC Decision That Nokia Phones Infringe Interdigital’s 3GPP Patents (337-TA-613)

by Kelley Drye & Warren LLP on

Following the prior notice of decision (see our Apr. 27, 2015 post), the Public Version is now available of Administrative Law Judge (ALJ) Essex’s Initial Determination On Remand that Nokia mobile phones infringe...more

ITC Section 337 Update - April 2015

by King & Spalding on

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

IP Newsletter - April 2015

by Morrison & Foerster LLP on

In This Issue: - Federal Circuit Affirms PTO in First Appeal of an Inter Partes Review Decision - EU Copyright: No Resale of Digital Content Except for Software? - Qualcomm Agrees to $975 Million Fine and...more

DOJ Releases Electrifying New Guidance on Standard-Essential Patent Policy

by Mintz Levin on

The Department of Justice (the “Department” or “DOJ”) continued its multi-pronged defense of standards-setting organizations (SSOs) who adopt patent policies to prevent hold-up during licensing negotiations. Last week’s...more

ITC Section 337 Update - May 2014

by King & Spalding on

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

by King & Spalding on

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

by Knobbe Martens on

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

by Akerman LLP on

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

by King & Spalding on

- 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

by King & Spalding on

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

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