alj
ITC doesn't allow HTC to assert Google's patents against Apple -- Rent-a-Patent model fails
www.fosspatents.com
An ITC judge has granted an Apple motion to throw out five of the patents Google gave to HTC last summer. Apple had argued that HTC lacks standing (the right to sue). Administrative Law Judge Thomas Pender apparently concluded that HTC failed to acquire all substantial rights in the relevant...
ITC judge throws out 3,000+ pages of attachments filed by Apple to challenge Samsung's patents
www.fosspatents.com
While the ITC is slow compared to German courts, it adjudicates patent infringement complaints faster than most U.S. district courts, and in order to be able to do so, it has strict timelines and page limits. Not only does it have those limits but its Administrative Law Judges (ALJs) tend...
Apple files third ITC complaint in as many years against HTC
www.fosspatents.com
[DEVELOPING STORY -- will update as additional information becomes available]Apple does not waver in the enforcement of its patents against Android device makers. On Monday (June 4), Apple filed a new complaint against HTC with the United States International Trade Commission ("ITC"). The ITC is a quasi-judicial U.S. government agency...
ITC staff presently unconvinced that Barnes & Noble violates three Microsoft patents
fosspatents.blogspot.com
Bloomberg reports that the ITC staff believes Barnes & Noble should not be held to violate any of three Microsoft patents at issue in an investigation that could otherwise lead to an import ban against the Android-based Nook and Nook Color e-book readers.Four weeks ago, Microsoft streamlined the case by...
Apple violates one Motorola Wi-Fi patent, says ITC judge
9to5mac.com
According to a report from Bloomberg, ITC Judge Thomas Pender has ruled in favor of Motorola claiming Apple’s devices do indeed infringe on one Android related patent owned by the company. The ruling is only a partial victory for Motorola’s attempt to receive an injunction on iPhones and iPads, as...
Apple’s iPhone and iPad violate one Motorola patent, ITC rules
www.bgr.com
The International Trade Commission on Tuesday ruled in favor of Motorola Mobility in its patent infringement claim against Apple. The Cupertino-based company’s iPhone and iPad were found to be in violation of Motorola’s Wi-Fi technology patent, however they did not infringe on three other patents that Motorola asserted against the iPhone-maker. “We are pleased...
Apple wins claim construction battle against Samsung at the ITC
fosspatents.blogspot.com
On May 31, the ITC will commence its evidentiary hearing on Apple's ITC complaint against Samsung. In that investigation, five technical patents and two design patents are at issue.Yesterday, Administrative Law Judge (ALJ) Thomas Pender entered his claim construction order. Claim construction is a key step in U.S. patent litigation...
ITC Gives Motorola Partial Victory in Apple Patent Fight
allthingsd.com
The U.S. International Trade Commission handed Motorola Mobility a partial victory in its patent battle with Apple today, ruling that the company’s iPhone and iPad do indeed infringe Motorola’s IP. “We are pleased that the ALJ’s initial determination finds Apple to be in violation of Motorola Mobility’s intellectual property, and...
HTC asks ITC to review dismissal of patents borrowed from Google
www.fosspatents.com
A week ago, it became discoverable that an Administrative Law Judge (ALJ) at the ITC had granted an Apple motion to dismiss from an investigation five patents HTC borrowed from Google.As expected, HTC has meanwhile asked the Commission, the six-member decision-making body at the top of the ITC, to review...
Apple streamlines ITC case against Samsung, drops one entire patent and 15 claims of two other patents
fosspatents.blogspot.com
Last week I reported on Apple's claim construction victory over Samsung at the ITC. Apple had originally asserted five patents. Claim construction is only an intermediate step of U.S. patent litigation (including ITC investigations), but it is an important one, and Samsung persuaded the Administrative Law Judge (ALJ) in charge...
Apple streamlines ITC case against Samsung, drops one entire patent and 15 claims of two other patents
Apple benefits from lawmakers' concern about import bans based on standard-essential patents
www.fosspatents.com
On Tuesday I reported on various letters from Members of Congress to the ITC on public interest considerations relevant to the Xbox case. The issue of injunctive relief, including ITC import bans, based on standard-essential patents (SEPs) is key to the ITC's decision on both Google (Motorola) complaints: the one...
ITC asks 'members of the public' for input on how an Xbox import ban would affect the public interest
www.fosspatents.com
Companies and organizations fighting the abuse of standard-essential patents as well as makers of Xbox games now have an opportunity to warn a U.S. trade agency against the implications of a ban of Microsoft's wildly popular gaming console resulting from Motorola's aggressive enforcement of patents on the H.264 (video codec)...
ITC asks 'members of the public' for input on how an Xbox import ban would affect the public interest
Motorola said Seattle FRAND case could affect ITC Xbox case, initial determination is no import ban
www.fosspatents.com
Late on Monday, Administrative Law Judge David Shaw issued a notice of his initial determination on the ITC investigation of Motorola's November 2010 complaint against Microsoft's Xbox. He deems the Xbox to infringe five Motorola patents, four of which are FRAND-pledged standard-essential patents. Only one of the asserted patent claims...
Apple violates one Motorola Wi-Fi patent, says ITC judge
9to5google.com
According to a report from Bloomberg, U.S. International Trade Commission Judge Thomas Pender has ruled in favor (PDF) of Motorola and claimed Apple’s devices infringe on one Android-related patent owned by the company. The ruling is only a partial victory for Motorola’s attempt to receive an injunction on iPhones and...
ITC postpones decision on Microsoft complaint against Motorola to May 18
www.fosspatents.com
Last month, the Commission, the six-member decision-making body at the ITC, decided to review parts of an initial determination on Microsoft's October 2010 complaint against Motorola. Yesterday, the Commission extended the target date for its final ruling for the third time in three months. The new target date is May...
Remnants of HTC's ITC complaint against Apple in bad shape after claim construction order
www.fosspatents.com
Following the dismissal of five patents it borrowed from Google (a decision it has just appealed), HTC's second ITC complaint against Apple is down to only three patents. And the outcome with respect to those three remaining patents is likely going to be the same as what happened to HTC's...
ITC judge postpones Microsoft-Barnes&Noble decision by more than a month
www.fosspatents.com
There are two ongoing ITC investigations of complaints by Microsoft against Android device maker: one against Motorola, which just got delayed for the third time in as many months, and another, lower-profile one against Nook maker Barnes & Noble.Now the resolution of the Barnes & Noble case has also been...
Apple keeps fighting for ITC import ban against Motorola Mobility
fosspatents.blogspot.com
On January 13, 2012, an Administrative Law Judge (ALJ) at the ITC made an initial determination according to which Motorola Mobility shouldn't be found to infringe any of three patents asserted by Apple in investigation no. 337-TA-750. I said at the time that Apple would certainly petition for a review...
Microsoft appeals unfavorable parts of ITC ruling in Motorola case to Federal Circuit
www.fosspatents.com
A month ago, the ITC ordered an import ban against Google subsidiary Motorola's Android-based devices that implement a technique for scheduling meetings from mobile devices protected by a Microsoft patent. But the ITC also said that Motorola didn't violate the other patents Microsoft was asserting. The initial determination related to...
Judge: Microsoft’s Android tactics were ‘hard bargaining,’ not patent misuse
www.geekwire.com
We learned a couple weeks that Barnes & Noble lost a key preliminary decision to Microsoft in their patent dispute. A new court filing explains the judge’s reasoning, and sheds light on some of the legal issues behind Microsoft’s effort to collect patent royalties from Android device makers. Theodore Essex, administrative law...
ITC orders import ban against Motorola Android devices that infringe a Microsoft patent
www.fosspatents.com
The United States International Trade Commission ("USITC", or just "ITC") today ordered an import ban against all Android-based Motorola Mobility devices that infringe a particular Microsoft patent, U.S. Patent No. 6,370,566 on "generating meeting requests and group scheduling from a mobile device". With today's decision, the Commission, the six-member decision-making...
Apple loses final ITC ruling against Motorola Mobility: preliminary finding of no violation affirmed
fosspatents.blogspot.com
On January 13, an Administrative Law Judge (ALJ) at the ITC made an initial determination (a recommendation for a decision) that didn't hold Motorola Mobility to infringe three Apple patents. Last month, I blogged about Apple's petition for review (check out that post for more information on the asserted patents...
Apple loses final ITC ruling against Motorola Mobility: preliminary finding of no violation affirmed
ITC dismisses HTC's first complaint against Apple: final ruling consistent with initial determination
fosspatents.blogspot.com
After Apple brought its first ITC complaint (and an unrelated federal lawsuit) against HTC in March 2010, HTC fired back in May 2010 with an ITC complaint of its own. It was a "me, too" kind of complaint: HTC wanted to demonstrate its willingness to fight. It probably never expected...
ITC dismisses HTC's first complaint against Apple: final ruling consistent with initial determination
ITC slows down potential import ban on Microsoft's Xbox 360
www.theverge.com
Motorola successfully convinced an administrative law judge (ALJ) at the ITC back in April to rule that Microsoft's Xbox 360 infringed US patent number 6,980,596, but how things can quickly change. Microsoft immediately appealed that decision up to the full panel of the ITC, which has now remanded the...
ITC hands Apple another patent win against HTC
arstechnica.com
Apple has won another victory against HTC thanks to a new ruling by the International Trade Commission. On Friday afternoon, the ITC dismissed HTC's original patent complaint against Apple, upholding its initial ruling from October that said Apple had not violated HTC's patents in its implementation of iOS. Apple...
No Xbox import ban in 2012: ITC remands investigation of Motorola complaint
www.fosspatents.com
Earlier this week, the ITC decided to review a preliminary ruling that found Apple to infringe a Google/Motorola 3G-essential patent but postponed a decision on the next steps in the investigation of Motorola's complaint targeting Microsoft's Xbox 360 gaming console. The U.S. trade agency with quasijudicial authority set a new...
Apple appeals ITC dismissal of complaint against Motorola to the Federal Circuit
www.fosspatents.com
On March 16, I reported on the ITC's final ruling that cleared Motorola Mobility of any violation of three Apple patents at issue in that investigation, and said that "Apple can appeal this decision to the Federal Circuit, and in my view, this [was] very likely to happen". And indeed,...
ITC judge pushes back Samsung case against Apple by six weeks
www.fosspatents.com
After extending the target dates for the investigations of two Microsoft complaints (one against Motorola Mobility, the other against Barnes & Noble), the ITC (or more precisely, an Administrative Law Judge, but Commission approval is, though formally required, highly likely) has postponed the target date for a decision on Samsung's...
ITC denies Barnes & Noble request to reconsider its dismissed allegations against Microsoft
fosspatents.blogspot.com
In late January, an Administrative Law Judge (ALJ) at the ITC tossed Barnes & Noble's mostly antitrust-related, conspiracy-theory-based, "patent misuse" claims against Microsoft ahead of trial in order to focus on the more relevant parts of the Android-related patent infringement investigation. Previously, the ITC staff ("Office of Unfair Import Investigations",...
Legendary judge hands Apple key patent interpretation victory against Android
fosspatents.blogspot.com
Since I was in Mannheim during large parts of Thursday and Friday, I'm a few days late in noticing that Apple scored a strategically important legal victory on Wednesday that could have enormous impact on Apple's patent assertions against Android. The order I mean came down in litigation between Apple...
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