The Source for Standard-Essential & Other Patent Litigation Issues
This week, Innovatio IP Ventures, LLP filed three new patent infringement cases in the Northern District of Illinois against Realtek Semiconductor Corporation, Marvell Semiconductor, Inc. and Media USA, Inc., manufacturers of WiFi chips. The complaints are identical, save for the defendants’ names and accused products.
Innovatio alleges that the WiFi chips made and sold…
Yesterday, a jury returned a verdict finding that Fujitsu had breached its standard-setting obligations to offer its declared ‘737 Patent (now expired) to Tellabs on reasoanble and non-discriminatory terms (RAND). Judge Holderman then issued an order to show to cause why the patent should not be held unenforceable as to Tellabs. This case presents many…
Last week, Judge Holderman issued several orders on various motions in limine filed by Fujitsu and Tellabs in advance of the jury trial of the case, which began this past Monday. The jury will decide whether Fujitsu breached its alleged obligation to offer Tellabs a license to Fujitsu’s ‘737 patent on reasonable and non-discriminatory terms…
Yesterday Cisco and Innovatio filed an Agreed Motion to Dismiss with Prejudice based on settlement of their litigation involving Innovatio WiFi standard essential patents. Cisco’s Mark Chandler issued a statement indicating that the case settled for $2.7 million, or about 3.2 cents for 85 million devices even though Judge Holderman ruled that a RAND royalty…
Yesterday Judge Stark followed an approach used by Judge Holdeman in the Innovatio WiFi case by bifurcating FRAND issues from liability where essentiality and a RAND royalty rate will be tried first in hopes the result will spur settlement, followed by discovery and trial on liability issues if still necessary. Recall that this case arose…
We previously discussed the opening comments filed by Complainant LSI in the International Trade Commission (ITC) investigation of whether Realtek and Funai infringe LSI’s alleged 802.11 and H.264 standard essential patents (SEPs). To recap, the ALJ’s initial determination found the SEP patents were not infringed but rejected RAND-based defenses. The Commission decided to review the…
Since Judge Holderman’s September 27, 2013 order setting a RAND rate in the sprawling Innovatio WiFi litigation (see our October 3 post), two of the five major device manufacturers involved in the case have settled-out. Motorola settled with Innovatio after a November 22nd settlement conference and was dismissed on December 17th. Less than a…
Our prior posts discussed Complainant LSI’s comments and respondent Realtek’s comments in the ITC’s investigation of whether Realtek and Funai infringe LSI’s alleged standard essential patents (SEPs). These comments were submitted in response to the Commission’s request for information on various issues to aid in its review of the ALJ’s conclusion that Realtek and Funai …
We previously discussed the comments filed by complainant LSI in the International Trade Commission (ITC) investigation of whether Realtek and Funai infringe LSI’s alleged 802.11 and H.264 standard essential patents (SEPs). The ALJ’s initial determination found the SEP patents were not infringed but otherwise rejected RAND-based defenses. The Commission then decided to review the ALJ’s …
Reminder (and correcting some email notices) that the Essential Patent Blog and Kelley Drye & Warren LLP will host a complimentary webinar on Thursday, Oct. 17 at 12pm Eastern to discuss the import of Judge Holderman’s Oct. 3 RAND opinion in the Innovatio IP Ventures Patent Litigation and comparison with Judge Robart’s RAND methodology from…
