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…
Tag Archive for Intel
ITC Again Recommends Exclusion Based on a Patent Likely to be Found Invalid
by Josh Landau •
International Trade Commission (ITC) Administrative Law Judge McNamara issued a Notice of Issuance of Initial Determination today, explaining that, based on a complaint from Qualcomm, she had found that Apple infringed claim 1 (but not claim 8) of U.S. Pat. No. 8,063,674, and that the claim was valid. Based on that, she stated that she…
Qualcomm Has Been Violating Its Obligation To License Competitors For Years
by Josh Landau •
Today, Judge Koh issued an important ruling in the FTC v. Qualcomm litigation centered on Qualcomm’s anti-competitive trade practices. Ruling on a motion for partial summary judgment, Judge Koh determined that Qualcomm is obligated to license its standard-essential patents to anyone who asks for a license. Qualcomm admits that it refuses to license other modem…
Iancu’s First Hearing Answers Questions, Leaves More Open
by Josh Landau •
On Wednesday, April 18, new USPTO Director Andrei Iancu appeared for his first oversight hearing in front of the Senate Judiciary Committee. The Director was more open with the Committee compared to his confirmation process, leading to some interesting discussions. Algorithms Are Already Patentable A number of questions focused on the issue of patentable subject…
Apple v. Qualcomm – Double Dipping and Breaking Promises
by Josh Landau •
Back in January, Patent Progress wrote about lawsuits filed against Qualcomm by the FTC and by Apple. Today, Apple filed an amended complaint against Qualcomm, based in part on new law resulting from the Supreme Court’s Lexmark decision on patent exhaustion. A High Water Lexmark In Patent Exhaustion The Lexmark case, while important, is actually…
Samsung v. Apple at the ITC – Summarizing the Public Interest Briefs
by Brendan Coffman •
On November 19 the ITC announced that the full Commission would review the Final Initial Determination in Investigation 337-TA-794, Samsung v. Apple. The ALJ had determined that there was no infringement by Apple of Samsung’s asserted patents, which Samsung has declared as standard essential patents covering technology implemented by the European Telecommunications Standards Institute (ETSI). …