Published: 11/3/15 Case Nos. 4a O 93/14 and 4a O 144/14, Regional Court of Düsseldorf (2015) Case Nos. I-15 U 65/16 and I-15 U 66/15, Higher Regional Court of Dusseldorf (pending) In late 2015, Germany’s Regional Court of Dusseldorf issued the first decision in Sisvel v. Haier that interpreted and [...]
Published: 7/30/15This decision established FRAND royalty rates for the use of Motorola’s FRAND-encumbered SEPs that were essential to the H.264 video compression standard and the 802.11 (Wi-Fi) wireless local area networking standard. The court applied a modified version of the Georgia-Pacific methodology for establishing royalties in patent cases, which is [...]
Published: 7/16/15This case was referred by a German court to the European Court of Justice to assess whether the invocation of injunctive relief by a holder of a FRAND-encumbered SEP may constitute an abuse of a dominant position. The Advocate General concluded in an advisory opinion that “the commitment given [...]
Published: 12/2/14 In this decision, the Court of Appeals for the Federal Circuit reviewed a trial court’s decision upholding a jury award of $0.15 for three Wi-Fi SEPs. The Court of Appeals held that the trial court had not instructed the jury properly and reversed the damages award. In particular, [...]
Published: 9/27/14Plaintiff VirnetX claimed that both the FaceTime and VPN on Demand features of Apple’s phones, tablets, and computers infringed four of its patents. At trial, VirnetX cited three possible damages theories, including one based on 1% of the lowest sale price of each of Apple’s allegedly infringing devices. The [...]
Published: 12/20/13In these two briefs, the IEEE, a leading standard setting organization in the computing and networking industries, explains the process through which it develops industry standards, including the process of seeking FRAND commitments from standard-setting participants. The IEEE then goes on to explain that it seeks FRAND commitments to [...]
Published: 5/20/13The plaintiff in this case, Realtek, a manufacturer of Wi-Fi chips, asserted that LSI, a holder of two FRAND-encumbered Wi-Fi SEPs, breached its FRAND obligation by seeking an exclusion order (the equivalent of an injunction) against the importation of Realtek’s Wi-Fi chips and sought an order barring LSI from [...]
Published: 5/20/13This decision established a FRAND royalty rate for Innovatio’s portfolio of 802.11 (Wi-Fi) SEPs. The court determined the royalty rate based on a hypothetical negotiation occurring “at the time of the initial adoption of the 802.11 standard,” and thus before implementers were locked into using patents that are essential [...]
Published: 1/8/13 No available links. Summaries are based on unofficial English translations. In this decision, a Chinese appellate court determined the FRAND royalty for FRAND-encumbered SEPs relating to various telephony standards. The court determined that the SEP holder breached its FRAND commitments by seeking excessive royalties. The court affirmed a [...]
Published: 1/8/13 No available links. The Summary is based on unofficial English translations. In this case, the Tokyo High Court established a FRAND royalty for patents essential to the Universal Mobile Telecommunications System (“UMTS”) standard. The court determined that the aggregate royalty stack for licenses to UMTS SEPs should not [...]