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1 month ago | 
ipwatchdog.com | Eileen McDermott |Steve Brachmann |Curtis Dodd |Chris Dubuc
“That conclusion does not follow from the premise describing the claim language.”- CAFC opinionThe Chief Judge of the U.S. Court of Appeals for the Federal Circuit (CAFC), Kimberly Moore, on Monday authored a short precedential decision vacating and remanding a Patent Trial and Appeal Board (PTAB) decision that had found certain claims of Sisvel’s data transmission patent to be unpatentable.
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1 month ago | 
ipwatchdog.com | Curtis Dodd |Chris Dubuc |Steve Brachmann
IPWatchdog LIVE Moves to March in 2025: Click for details “Contrary to the CAFC’s views, the OUII’s cellular brief found that ‘there is nothing in the ETSI Policy that prohibits Ericsson from seeking injunctive relief in jurisdictions around the world’.”Last fall, we wrote about the United States Court of Appeals for the Federal Circuit’s (CAFC) decision in the matter of Telefonaktiebolaget LM Ericsson, Ericsson AB, Ericsson, Incl. v. Lenovo (United States), Inc.
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Nov 11, 2024 | 
ipwatchdog.com | Curtis Dodd |Chris Dubuc |Eileen McDermott
Support IPWatchdog with an individual sponsorship: Click here “The fact that no other court or government agency has found such a contractual obligation to exist…in the approximately 30 years since the current ETSI IPR Licensing Declaration was first deployed makes the CAFC’s decision quite unexpected.”A recent decision in the matter of Telefonaktiebolaget LM Ericsson, Ericsson AB, Ericsson, Incl. v. Lenovo (United States), Inc. et.
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May 8, 2024 | 
ipwatchdog.com | Curtis Dodd |Chris Dubuc
“[A]ffirmative defenses go to the issue of liability, whereas damages assume liability and consider appropriate compensation for such liability …. As such, considering FRAND-based defenses, if they were to exist, at the damages phase, is confusing.”Earlier this year, a jury trial was held in the matter of G+ Communications, LLC v. Samsung Electronics Co., Samsung Electronics America, Inc., Case No: 2:22-CV-00078-JRG (E.D. Texas).
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Feb 4, 2024 | 
ipwatchdog.com | Curtis Dodd |Chris Dubuc
“If the court interprets the commitment to ETSI to include an obligation to release past infringement…, without regard to the prior bad faith of an implementer, a suspension of the obligation would not only fail to discourage holding out but encourage it.” A recent decision out of the Eastern District of Texas sheds further light on Judge Rodney Gilstrap’s interpretation of a patent owner’s commitment to the European Telecommunications Standards Institute (ETSI) pursuant to ETSI’s...
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Jan 10, 2024 | 
ipwatchdog.com | Eileen McDermott |Curtis Dodd |Chris Dubuc |Steve Brachmann
“This is a radical policy shift with no transparency, no process, and no insight as to how decisions got made.” – Brad Watts The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) sent Freedom of Information Act (FOIA) requests on January 9 to the Department of Commerce and the National Institutes for Standards and Technology (NIST) regarding the Biden Administration’s recent Request for Information Regarding the Draft Interagency Guidance Framework for Considering the Exercise...
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Jan 10, 2024 | 
ipwatchdog.com | Curtis Dodd |Chris Dubuc |Eileen McDermott
“These cases, at most, establish that a predecessor’s actions may, in equity, prevent enforcement of the patents. They say nothing about why a predecessor’s actions would burden patents for all purposes, including for holding a successor-in-interest liable for a breach of contract.”In the book / movie “The Shining”, the Overlook hotel is haunted by ghosts involved in past wrongs committed on the property, presumably to make the current inhabitants atone for such sins.
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Dec 27, 2023 | 
ipwatchdog.com | Curtis Dodd |Chris Dubuc |Eileen McDermott
“As expressed by one of the esteemed panelists at the most recent IPWatchdog SEP Masters event…, having Europe propose regulations impacting ‘foreign’ patents does not help in the effort to convince the World Trade Organization that China is overreaching.” In Part I of our year end summary of key developments regarding patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, we looked at various...
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Dec 21, 2023 | 
ipwatchdog.com | Curtis Dodd |Chris Dubuc |Eileen McDermott
“Given the European Commission’s concern for SMEs in the burgeoning IoT industry, Sisvel’s increasing momentum, coupled with the new programs launched by Avanci, are particularly significant for providing examples of industry led solutions to licensing new categories of implementers without the need for government intervention.” With respect to patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2023...
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Sep 21, 2023 | 
ipwatchdog.com | Randall R Rader |Curtis Dodd |Chris Dubuc |Steve Brachmann
“Please make the court—OUR court—an institution with the compassion to care for each of its members…. Please have the courage to exercise your own judgment and your own independent determination to act with kindness and consideration.”Friends and former colleagues,If one of the members of our judicial “family” suffer some kind of health event, our first action should be to rush to help. Kindness and brother/sisterhood requires no less.
