Topic
Standard Essential Patents
442 published works
Essential Patent Blog
Judge Gilstrap dismisses foreign SEP FRAND claims in global SEP feud, but maintains claims on US SEPs (Optic Wireless v. Apple)
By David Long
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…
Essential Patent Blog
Judge McNamara finds INVT patents are not essential, will issue comments on FRAND commitments (INVT v. Apple, 337-TA-1138)
By David Long
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…
Essential Patent Blog
Caltech gets $1.1 billion verdict against Apple, Broadcom on SEPs that had no RAND commitment
By David Long
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…
Essential Patent Blog
Ninth Circuit to Hear Argument Feb. 13 from FTC, DOJ and Qualcomm on Competition Law’s Applicability to SEP Licensing (FTC v.Qualcomm)
By David Long
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…
Technology Law Dispatch
Paris takes the lead in Europe on FRAND legal qualification
By Marianne Schaffner, Christophe Arfan
On February 6, 2020 the case management judge of the Paris High Court (Tribunal Judiciaire) made a decision that is of great importance in terms of both the legal qualification…
Taft Technology and Artificial Intelligence Insights
Injunctions for Standard-Essential Patents? USPTO tells DOJ: “You’ve Got a FRAND in Me.”
By Taft, Joey Balthazor
Ever wonder how so many devices can operate together on a unified network like 4G or Wi-Fi? Ever stop to think about why you can send a selfie from your…
IP Update
District Court Violated Ericsson’s Right to Trial by Jury in Setting FRAND Rate
The US Court of Appeals for the Federal Circuit vacated a district court decision setting license rates for standard-essential patents (SEPs), holding that the district court deprived the patent owner…
Essential Patent Blog
U.S. Patent Office, U.S. Dept. of Justice And NIST Issue Joint Statement on SEP Remedies
By David Long
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…
Essential Patent Blog
Federal Circuit rules SEP owner entitled to jury trial on royalty for past unlicensed use of SEP (TCL v. Ericsson)
By David Long
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…
Antitrust Alert
Texas Court Declares Licensing Offer Based on End Device Is FRAND, Diverges from California Court in Qualcomm
By Stefan M. Meisner, Anthony S. Ferrara, Lisa A. Peterson
Standard-essential patent holders and implementers may face uncertainty regarding licensing practices following a May 23 Texas court ruling. In the ruling, a Texas federal judge reached a conclusion different from…