Last week, the U.S. Federal Trade Commission (FTC) Staff filed a response that attacks the U.S. Department of Justice (DOJ) Statement of Interest in the FTC v. Qualcomm case. (See May 3, 2019 post on DOJ Statement of Interest). FTC
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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U.S. Dept. of Justice poised to provide leadership in FTC v. Qualcomm case
By David Long
Today, the U.S. Department of Justice (DOJ) filed a Statement of Interest of the United States of America in the Federal Trade Commission’s (FTC) antitrust lawsuit against Qualcomm about standard essential patent licensing. DOJ does not currently take a position…
FTC v. Qualcomm: Part One–Where is Denzel?
By David Long
This is the first of a couple posts we intend to make on the FTC v. Qualcomm litigation that recently concluded a bench trial last week and is awaiting decision by Judge Koh in the Northern District of California (San…
Jury awards running royalty for willfully infringed SEPs subject to FRAND commitment (Optis v. Huawei)
By David Long
A jury recently found that Huawei willfully infringed four patents owned by PanOptis alleged to be essential to mobile cellular standards and subject to a FRAND commitment as well as a fifth patent related to the H.264 video compression standard…
Federal Circuit provides guidance on implied waiver defense applied to failure to disclose foreign patent application to SDO (Core Wireless v. Apple)
By David Long
Today the Federal Circuit (Renya, Bryson and Hughes) ruled that implied waiver may apply where the prior owner of a U.S. patent had a duty to disclose a related foreign patent application to ETSI even though ETSI had rejected that…
Judge Mitchell rules there are factual issues whether patent is “essential” to a standard (Cellular Eqpt v. ZTE)
By David Long
Magistrate Judge K. Nicole Mitchell of the Eastern District of Texas recently denied patent owner Cellular Communications Equipment LLC (“Cellular” or “CCE”) motion for summary judgment that its asserted patents were not essential to a cellular standard, ruling that there…
Judge Orrick enjoins Huawei from enforcing injunction for infringing SEPs issued by China’s Shenzhen court (Huawei v. Samsung)
By David Long
Last week, Judge Orrick of the U.S. District Court for the Northern District of California issued an Order that enjoins Huawei from enforcing an injunction on Chinese standard essential patents (SEPs) entered by the Chinese People’s Court of Shenzhen (the…
Waiver and estoppel bar enforcement of undisclosed drug manufacturing patent (Momenta v. Amphastar)
By David Long
Judge Gorton of the U.S. District Court of Massachusetts recently entered an order granting a motion by Amphastar Pharmaceuticals (Amphastar) that bars Momenta Pharmaceuticals, Inc. (Momenta) from enforcing a patent against certain drug manufacturing control processes based on the equitable…
ALJ Lord dismisses SEP licensing-based patent misuse defenses (ITC Inv. No. 1081, Philips v. Feit Electric)
By David Long
Administrative Law Judg (ALJ) Lord at the U.S. International Trade Commission (ITC) recently issued an Order striking patent misuse claims against Philips Lighting (Philips) raised by WAC Lighting and other respondents that were premised on Philips filing its Complaint in…
Judge Gilstrap rejects patent misuse defense to alleged FRAND-committed SEPs (St. Lawrence v. Motorola Mobility)
By David Long
Judge Gilstrap recently issued an Order rejecting the equitable defense of patent misuse in a case involving standard essential patents (SEPs) subject to a commitment to license them on fair, reasonable and non-discriminatory (FRAND) terms. Motorola Mobility LLC (Motorola) alleged…