Blog Posts

Sunshine: Eclipse Promises Not To Sue Californians

Remember Shipping and Transit?  The notorious NPE went bankrupt last year after its campaign against everyone from transit app developers to city transit authorities hit a few potholes.  Following a decade-long licensing and litigation campaign leveraging the high cost of patent litigation, including one year in which it filed more patent suits than anyone else,…

Judge Koh: Qualcomm’s Licensing Practices Destroyed Competition, Harmed Consumers

Late yesterday evening, Judge Koh issued her anxiously-awaited ruling in the FTC v. Qualcomm litigation.  The 233-page opinion extensively describes Qualcomm’s anti-competitive conduct, how it has harmed both existing and potential competitors as well as consumers, and how that conduct has ultimately harmed competition in the LTE and 5G markets.  It would normally be hard…

The Federal Circuit On The Public Notice Function Of Patents

On Wednesday, the Federal Circuit issued its decision in Amgen, Inc. v. Sandoz, Inc.  The decision—mostly focused on the specifics of certain biosimilar production claims—also includes a brief discussion that illustrates one of the reasons that many of the patents issued by the USPTO create a chilling effect on public innovation.

Massachusetts Re-Introduces Bad Faith Demand Letter Bill

Across the United States, two-thirds of all states have introduced legislation that targets bad faith patent assertion by entities like MPHJ and Shipping and Transit.  Massachusetts State Sen. Eric Lesser and State Rep. Lori Ehrlich are trying to make Massachusetts the most recent state to join this club.

Anything Qualcomm Can Do, Huawei Can Do (Better?)

With the settlement of the Apple-Qualcomm litigation, the fate of the FTC’s litigation against Qualcomm has become the next topic of interest in the standard-essential patent (SEP) sphere.  There are a host of reasons why the FTC shouldn’t settle that relate to concerns about Qualcomm’s behavior and its impact on competition and consumers.  But beyond…

The Federal Circuit Goes Through The Looking Glass

The process of claim construction—interpreting the meaning of the words used in a patent claim—can be confusing at the best of times.  At its worst, as in the Federal Circuit’s Dupont v. Unifrax decision this week, it most closely resembles an exchange from Lewis Carroll’s “Through the Looking Glass.”

Apple, Qualcomm Settle—But That Doesn’t Mean The FTC Should

Apple and Qualcomm have reached a global settlement to the wide-ranging dispute between the two companies.  Stretching from China to the UK to the US, in a range of forums in various countries, Apple had accused Qualcomm of anti-competitive conduct in patent licensing, while Qualcomm brought a grab-bag of counterclaims.  All of that is over.…