On March 2, 2020, Judge Gilstrap issued an Order granting-in-part Apple’s motion to dismiss a declaratory judgment claim by Optis to the extent the claim related to FRAND commitments for foreign standard essential patents (SEPs). But he maintained the action as
Essential Patent LLC
Essential Patent LLC is a law firm based in the Washington, DC metropolitan area specializing in complex intellectual property law, particularly in the field of standard essential patents (SEPs). The firm represents both domestic and international clients in high-technology sectors such as telecommunications, information technology, internet, software, and electronics. Essential Patent LLC provides legal services including patent litigation, licensing counsel, alternative dispute resolution, and post-grant patent proceedings. The firm operates the Essential Patent Blog, which offers analysis and updates on SEP litigation, licensing, standards, and related patent law developments, serving an audience of industry decision-makers, judiciary members, and global authorities.
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Judge McNamara finds INVT patents are not essential, will issue comments on FRAND commitments (INVT v. Apple, 337-TA-1138)
On February 18, 2020, ALJ McNamara issued an Initial Determination on Violation in INVT SPE’s ITC case against Respondents Apple, HTC, and ZTE, finding INVT SPE failed to show a violation of Section 337 of the Tariff Act of 1930. The ALJ found no asserted…
Caltech gets $1.1 billion verdict against Apple, Broadcom on SEPs that had no RAND commitment
On January 29, 2020, Caltech prevailed in its Central District of California jury trial against Apple and Broadcom, where the jury found both Broadcom (who supplied WiFi chips) and Apple (who sold products with the Broadcom WiFi chips) infringed all…
Ninth Circuit to Hear Argument Feb. 13 from FTC, DOJ and Qualcomm on Competition Law’s Applicability to SEP Licensing (FTC v.Qualcomm)
Oral Argument in the appeal of Judge Koh’s FTC v. Qualcomm decision is schedule to take place February 13, 2020 before the 9th Circuit Court of Appeals in San Francisco to consider whether and to what extent competition law should apply…
U.S. Patent Office, U.S. Dept. of Justice And NIST Issue Joint Statement on SEP Remedies
Today, the Unites States Patent & Trademark Office (“USPTO”), the U.S. Department of Justice, Antitrust Division (“DOJ”) and the National Institute of Standards and Technology (“NIST”) issued a joint “Policy Statement on Remedies For Standards-Essential Patents Subject To Voluntary…
Federal Circuit rules SEP owner entitled to jury trial on royalty for past unlicensed use of SEP (TCL v. Ericsson)
Today the Federal Circuit vacated Judge Selna’s bench trial decision in the much-watched TCL v. Ericsson case, ruling that Ericsson has the right to a jury trial to determine compensation for past infringement of Ericsson’s standard essential patents (SEPs) under…
Ninth Circuit Stays Judge Koh’s Injuncton in the FTC v. DOJ Competition Brawl (FTC v. Qualcomm)
Today, the Ninth Circuit issues an Order that stays Judge Koh’s injunction entered in the FTC v. Qualcomm case in order to maintain the status quo so that the Ninth Circuit can decide whether Judge Koh’s “order and injunction represent…
Public invitation to the Competition Brawl (FTC v. Qualcomm)
And the dance has officially begun in the U.S. inter-governmental dispute about applying competition law to the technical standard setting process between the U.S. Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) and we all have an invitation…
Judge Gilstrap rules Ericsson’s licensing offers were FRAND-compliant (HTC v. Ericsson)
Last week, Judge Gilstrap ruled that Ericsson’s end-product-based “offers to HTC–$2.50 or 1% with a $1 floor and a $4 cap per 4G device–were fair, reasonable and non-discriminatory.” Judge Gilstrap found that the comparable licenses presented by Ericsson to be…
Judge Koh rules that Qualcomm violated FTC Act (FTC v. Qualcomm)
Yesterday, Judge Koh of the U.S. District Court Northern District of California entered a Judgment following the January 2019 trial based on her Findings of Fact and Conclusions of Law that Qualcomm violated the Federal Trade Commission Act. This is…