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seps

German court grants retrial on Samsung SEP against Apple

www.electronista.com
A German court has accepted Samsung's plea and scheduled a retrial of a case against Apple for allegedly infringing a 3G standards-essential patent (SEP) after the Korean electronics maker presented a new theory to the court that allowed it to sue Apple for damages. Samsung had been forced to withdraw...
German court grants retrial on Samsung SEP against Apple

Apple touted its 'strong and growing' UMTS patent portfolio in cross-licensing offer to Samsung

www.fosspatents.com
This week, a variety of unredacted Apple v. Samsung documents was filed after Judge Koh denied the parties' requests to seal them. Many of them relate to the jury misconduct issue, which (as I'll explain at the end of this post) is outside my focus. The part that's really most...
Apple touted its 'strong and growing' UMTS patent portfolio in cross-licensing offer to Samsung

Nokia sides with Google against Judge Posner and Apple on FRAND

www.fosspatents.com
Another amicus curiae brief has been filed in connection with Google's appeal of the FRAND part of Judge Posner's Apple v. Motorola ruling. The brief itself is not publicly available yet, but a motion for leave to file the brief contains a summary of the positions Nokia is taking in...
Nokia sides with Google against Judge Posner and Apple on FRAND

Apple tells court it is willing to pay Google for Motorola patents, but no more than $1 per device

thenextweb.com
Apple’s legal team has told a Wisconsin court that it is willing to pay Google’s Motorola Mobility for patent licensing, but it will not pay more than $1 per device sold. While the price is of course on the low end, the news is huge given that this is the...
Apple tells court it is willing to pay Google for Motorola patents, but no more than $1 per device

Korean regulator investigates Apple's FRAND complaint against Samsung

www.fosspatents.com
South Korea's Fair Trade Commission just became the latest competition regulator to show concern about the way standard-essential patents are being enforced. The Asian country's antitrust authority decided to look into Apple's complaint over Samsung's SEP enforcement. Previously, the European Commission launched an investigation of Samsung's assertions of such patents...
Korean regulator investigates Apple's FRAND complaint against Samsung

BSA and four law professors agree: injunctions should 'ordinarily' not be available for SEPs

www.fosspatents.com
Two more amicus curiae briefs related to Google's appeal of Judge Posner's FRAND ruling in Apple's favor have become available: one of them was submitted by BSA | The Software Alliance, and the other one by four law professors. Both support Judge Posner and Apple. I have previous published and...
BSA and four law professors agree: injunctions should 'ordinarily' not be available for SEPs

Huawei wins German 4G (LTE) patent injunction against ZTE's base stations

www.fosspatents.com
Today the Mannheim Regional Court announced the first decision ever in a Chinese-Chinese patent infringement action in Germany. Huawei won a German injunction against its rival ZTE, which is no longer allowed to sell 4G-capable base stations in Germany unless it wins a stay from the appeals court or, more...
Huawei wins German 4G (LTE) patent injunction against ZTE's base stations

Standard-essential patent litigation arrives in India as Ericsson sues local player Micromax

www.fosspatents.com
Reports by the Times of India and the Economic Times (apparently sister publications) show that standard-essential patent (SEP) enforcement increasingly also takes place in Asia. According to the reports, Ericsson has sued local player Micromax.The Delhi High Court reportedly ordered Micromax to make a deposit "between 1.25% and 2% of...
Standard-essential patent litigation arrives in India as Ericsson sues local player Micromax

'Defensive use' exception in FTC-Google deal identified as primary area of concern

www.fosspatents.com
All quiet except on the FRAND front: nine of my ten previous posts discussed FRAND SEP issues, and the tenth one is a case in which the patent-in-suit may be standard-essential as well. The latest news is Google's withdrawal of a request for a U.S. import ban against Microsoft's Xbox...
'Defensive use' exception in FTC-Google deal identified as primary area of concern

Microsoft, Motorola to debate implications of Google-MPEG LA agreement at Jan. 28 hearing

www.fosspatents.com
On New Year's Eve, Judge James L. Robart, the federal judge presiding over the Microsoft v. Motorola Mobility FRAND contract litigation in the Western District of Washington, scheduled an oral argument for January 28, 2013 to "address both the Google-MPEG LA license agreement and Microsoft's motion for summary judgment of...
Microsoft, Motorola to debate implications of Google-MPEG LA agreement at Jan. 28 hearing

Nice Try: Motorola Wanted to License Every One of Apple's Patents

allthingsd.com
Motorola Mobility’s request that Apple pay it patent royalties of 2.25 percent on sales of some iPhones and iPads in return for a license to its standard-essential patents, while aggressive, was not the most onerous demand in the two companies’ negotiations. According to the European Commission’s decision on Google’s...
Nice Try: Motorola Wanted to License Every One of Apple's Patents

April was disastrous for Google on the Android patent front: seven major losses, two smaller wins

www.fosspatents.com
April 2013 was a mensis horribilis for Google on the Android patent front. With nothing being scheduled for the last few days of the month that could bring good news for Google on the smartphone patent front, let's look at this month's major events relating to Android patents. Without a...
April was disastrous for Google on the Android patent front: seven major losses, two smaller wins

Where on Earth could Samsung get the iPhone 5 banned over 4G/LTE patents?

www.fosspatents.com
In the context of Friday's dismissal of a Japanese Apple lawsuit against Samsung, I mentioned (as I previously did on other occasions) that the problem of the Android camp in general and Samsung in particular is that they can't score meaningful offensive wins against Apple. Fending off patent lawsuits is...
Where on Earth could Samsung get the iPhone 5 banned over 4G/LTE patents?

Huawei and ZTE file motion to stay ITC investigation of InterDigital's latest complaint

www.fosspatents.com
The ITC investigation of InterDigital's early-January standard-essential patents (SEP) complaint against Samsung, Nokia, Huawei and ZTE is the first one of its kind to have been instituted after the FTC announced a consent decree in the Google (Motorola Mobility) SEP antitrust case. In fact, the envisioned consent decree was announced...
Huawei and ZTE file motion to stay ITC investigation of InterDigital's latest complaint

Ericsson-Samsung situation puts fundamental flaw of FTC-Google deal on display

www.fosspatents.com
Last week I wrote about the "defensive use" provision in the proposed FTC-Google patent antitrust deal having been identified as the primary area of concern. In the meantime I have seen some filings by Ericsson and Samsung with the United States International Trade Commission (USITC, or just ITC) that underline...
Ericsson-Samsung situation puts fundamental flaw of FTC-Google deal on display
Court shreds power of Motorola's standard-based patents

Judge Koh declines to rule on Apple's FRAND defenses against Samsung for lack of a need

www.fosspatents.com
Judge Lucy Koh, the federal judge presiding over two Apple v. Samsung lawsuits in the Northern District of California, has just issued her first ruling on issues raised at the post-trial hearing held a week ago (on December 6, 2012). It isn't even a ruling in a narrow sense: the order...
Judge Koh declines to rule on Apple's FRAND defenses against Samsung for lack of a need

DOJ greenlights bid by Apple, Microsoft and RIM to buy Nortel patents

www.engadget.com
The US Department of Justice didn't just give the go-ahead to Google's acquisition of Motorola today, it also gave the greenlight to a $4.5 billion bid on Nortel's patents from a consortium of companies including Apple, Microsoft and RIM (who have dubbed themselves Rockstar Bidco). Nortel's portfolio includes some 6,000...
DOJ greenlights bid by Apple, Microsoft and RIM to buy Nortel patents

Google Withdraws Patent Claims Against Microsoft

allthingsd.com
Google today filed with the U.S. International Trade Commission to terminate its attempt to stop Microsoft from using video compression technology on the Xbox. Microsoft wants to license two standards-essential patents for H.264 that Google controls now that it owns Motorola — but not on Google’s proposed royalty terms. This is...
Google Withdraws Patent Claims Against Microsoft

Upcoming Wisconsin trial in Apple-Google FRAND case to be held without a jury

www.fosspatents.com
Last year, Apple brought FRAND counterclaims against Motorola's first ITC complaint, and since the ITC cannot adjudicate counterclaims, they were immediately removed to a district court -- in this case, the Western District of Wisconsin. Meanwhile Motorola Mobility has been acquired by Google, and Apple made significant headway when Judge...
Upcoming Wisconsin trial in Apple-Google FRAND case to be held without a jury

Apple leverages jury verdict on patent exhaustion against Samsung's push for ITC import ban

www.fosspatents.com
A soccer coach named Sepp Herberger coined the saying that "after the game is before the game". In the case of Apple and Samsung, with dozens of lawsuits going on in ten countries, that is particularly true. After the August 24 jury verdict, the next comparable decision is scheduled for this...
Apple leverages jury verdict on patent exhaustion against Samsung's push for ITC import ban

UN agency's roundtable on wireless patent litigation reflects deep divisions in industry

www.fosspatents.com
Today the International Telecommunication Union (ITU), a UN agency that co-developed (for one example) the H.264 video codec standard, is holding a "patent roundtable" to discuss the implications of widespread patent litigation in the wireless devices industry. Three months ago I blogged about the announcement of this roundtable.You can find...
UN agency's roundtable on wireless patent litigation reflects deep divisions in industry

UK judge declines Samsung's job offer, invalidates three 3G standard-essential patents in Apple case

www.fosspatents.com
Samsung has now officially failed to prevail on 25 standard-essential patent (SEP) assertions against Apple (including eight patents it withdrew and one case that was stayed in Germany because the patent was deemed likely to be invalid). Today Justice Floyd of the Chancery Division of the High Court of England...
UK judge declines Samsung's job offer, invalidates three 3G standard-essential patents in Apple case

HTC hits back at Nokia with German patent infringement litigation

www.fosspatents.com
On Tuesday it became clear at the Mannheim Regional Court that HTC is under significant pressure to take a royalty-bearing patent license from Nokia. But the Taiwanese multi-platform wireless device maker is trying to get at least some leverage through offensive actions of its own. HTC also countersued Apple in...
HTC hits back at Nokia with German patent infringement litigation

Google opposes fixed license fees for SEPs, insists on percentage of end product price

www.fosspatents.com
Last week I mentioned that Microsoft and wholly-owned Google subsidiary Motorola Mobility filed motions in limine (motions to exclude testimony and arguments) in their FRAND obligations lawsuit in the Western District of Washington. I wanted to await the parties' opposition briefs (just like in a parallel Apple v. Motorola FRAND...
Google opposes fixed license fees for SEPs, insists on percentage of end product price

Regulators to Google: Watch it With Those Standards Essential Patents

allthingsd.com
The European Commission and the U.S. Department of Justice cleared Google’s purchase of Motorola Mobility Monday, but not without an important caveat — one notably shared by both agencies. Regulators warned Google that their approval of the $12.5-billion acquisition does preclude continued monitoring of the company’s use of MoMo’s arsenal...
Regulators to Google: Watch it With Those Standards Essential Patents

HTC's biggest patent worry after Apple settlement: 32 Nokia patent assertions in five venues

www.fosspatents.com
HTC's settlement with Apple is already the 15th official Android patent license deal, but it's the first license Apple has been known to extend to an Android device maker. HTC was also the first Android OEM to sign up with Microsoft. It will likely become the first one to pay...
HTC's biggest patent worry after Apple settlement: 32 Nokia patent assertions in five venues

Motorola Mobility brings motion to limit scope of November trial in Microsoft FRAND case

www.fosspatents.com
After a stay of all patent infringement claims pending between Microsoft and Google subsidiary Motorola Mobility in the Western District of Washington, the next milestone in that district will be the FRAND trial scheduled to start on November 13. Late on Wednesday, Motorola Mobility brought a motion for partial summary judgment...
Motorola Mobility brings motion to limit scope of November trial in Microsoft FRAND case

Samsung could be fined billions over efforts to ban Apple sales in Europe

www.guardian.co.uk
European commission could impose hefty fines over Samsung's efforts to use standard-essential patents in battle with AppleSamsung, the south Korean electronics giant, could face fines running to billions of pounds from the European commission over its attempts to use its "standard-essential" patents on 3G to ban sales of Apple's iPhone...
Samsung could be fined billions over efforts to ban Apple sales in Europe

Judge agrees to hear Apple's FRAND defenses against Samsung on December 6

www.fosspatents.com
On Monday (September 10) I reported on Apple's motion for a separate briefing schedule and additional page limits for its FRAND defenses and a FRAND-based unfair competition counterclaim, and Samsung's opposition. In that post I also explained that there are some misconceptions out there regarding whether Apple's FRAND defenses failed...
Judge agrees to hear Apple's FRAND defenses against Samsung on December 6
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