Published: 10/2/16Publication: Essential Patent Blog"At the same time that Judge Gilstrap recently entered his bench trial ruling that rejected Metaswitch’s standards-based equitable defenses (see our Oct. 2, 2016 post), he also entered an Order that rejected Metaswitch’s request to set aside a jury’s verdict that it infringed valid patent claims based on, among [...]
Published: 10/1/14Four years ago to the day, Microsoft sued Motorola over Android. A few days later, Motorola sued Apple. Disputes between Oracle and Google, Apple and HTC, as well as Nokia and Apple were already ongoing. In early October 2010 I decided to focus on smartphone patent disputes (as a blogger [...]
Published: 10/1/14This article discusses how FRAND commitments should be enforced to achieve their economic goals and avoid anti-competitive effects. It first discusses who should be able to obtain a license to FRAND-encumbered SEPs. The article concludes that any willing licensee should be able to get a license and that SEP [...]
Published: 10/1/14This article analyzes FRAND determinations in adjudicated cases and addresses the question of how to interpret FRAND in light of ambiguities in the meaning of reasonableness. The article argues that “[a]lthough ambiguous, the RAND commitment can impose real constraints, because, like any standard of reasonableness, it draws meaning from [...]
Published: 10/1/13This article, which is based on an empirical study of the success record of SEPs asserted in litigation by Interdigital, Motorola, and Samsung, concludes that most asserted SEPs have been found to be invalid or not infringed. The article found that out of 58 SEPs asserted in litigation globally [...]
Published: 9/12/16Publication: Mondaq"On August 12, the U.S. Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) announced a proposed update to their Antitrust Guidelines for Licensing of Intellectual Property (the Guidelines), and called for public comments. The Guidelines summarize the agencies' antitrust enforcement policies with respect to the licensing [...]
Published: 7/23/09Note: No link available. On 23 July 2009, the Korea Fair Trade Commission (KFTC) decided to impose final corrective measures and a penalty of USD 227.6 million on Qualcomm for abusing its dominant position in the CDMA technology market. The KFTC determined that Qualcomm excluded its competitors and maintained [...]
Published: 9/7/16Publication: Essential Patent Blog"Judge Gilstrap recently denied accused infringer LG’s motion for summary judgment that alleged standard essential patents (“SEPs”) were not willfully infringed, letting that issue go to the jury; if the jury finds willful infringement, then the court may decide whether and to what extent to enhance damages based on such [...]
Published: 9/6/16Publication: National Law Review"Mark September 26, 2016, on your calendar as the deadline to tell the DOJ and FTC what should be changed, or not, in the Antitrust Guidelines for the Licensing of Intellectual Property. On August 12, 2016, the DOJ and FTC issued a proposed update to those Guidelines and set the September [...]
Published: 9/1/16Publication: Essential Patent Blog"Judge Payne recently denied defendant LG’s motion to exclude damages expert testimony on alleged standard essential patents (SEPs) where LG challenged the experts opinion (1) because he did not start with a royalty-rate that is then adjusted by applying Georgia-Pacific factors and (2) because he failed to apportion value to the patented [...]