ITC denies request for early, separate consideration of SEP issues (Rockwell v. 3S Inv. 337-TA-1020)
Published: 10/7/16
Publication: Essential Patent Blog
The U.S. International Trade Commission (“ITC”) recently denied a respondents request to use the Early Disposition Pilot Program to address “whether the asserted patents are standards-essential and are encumbered by mandatory licensing obligations giving rise to public interest concerns.”” – [READ MORE]
Recent court ruling may have nudged Google, Microsoft to settle patent disputes
Published: 10/4/15
A few days before Microsoft and Google announced that they were dropping their patent disputes, a decision in an appeals court may have helped the two companies focus on a lasting compromise over their expensive lawsuits over smartphone and other patents. On Sept. 15, the U.S. Court of Appeals for the Ninth Circuit denied Motorola’s appeal for a full-bench rehearing on its petition. The appeals court had earlier upheld an order of a district court in […]
Judge Gilstrap rejects SEP-based arguments to set aside jury infringement and damages verdict (Genband v. Metaswitch)
Published: 10/2/16
Publication: 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 other things, SEP-related grounds. The ruling is interesting mainly due to the procedural issues it raises. Judge Gilstrap did make a substantive ruling that […]
DOJ and FTC Call for Public Comments on Proposed Updates to Their IP Licensing Guidelines
Published: 9/12/16
Publication: 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 of intellectual property protected by patent, copyright, and trade secret law and primarily focus on antitrust issues that arise in the context of technology transfers, innovation, and […]
Judge Gilstrap rules that damages can be enhanced if SEPs subject to a FRAND commitment are willfully infringed (Coreless v. LG)
Published: 9/7/16
Publication: 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 willful infringement. An important procedural point is that Judge Gilstrap did not rule that there was willful infringement in this case; rather, under the permissive […]
Four Key Changes to Antitrust Guidelines for Licensing of Intellectual Property – DOJ, FTC Invite Comments
Published: 9/6/16
Publication: 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 deadline for comment. The proposed changes are not as dramatic as the update to the Guidelines issued in 1995, but incorporate several key developments in the law […]