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3 Nov 2017, 8:48 am by Florian Mueller
Apple Breach of Contract Complaint by Florian Mueller on ScribdOne of the reasons for which I doubt that the timing is a coincidence is that Qualcomm has previously appeared to make filings just before or after news that matter to investors, or before earnings calls. [read post]
26 Oct 2017, 1:07 pm by Anthony McCain
Charles Bieneman: No Inequitable Conduct: Duty To Disclose Only Goes So Far Florian Mueller: Samsung Never Quits, Finally Gets Design Patent Damages Retrial Josh Escovedo: Verb Use Alone Does Not Constitute Genericness Get a Job doing Patent Law                   Duane Morris Initiatives For Medicines, Access and Knowledge Stoel Rives Armstrong Teasdale Mintz Levin [read post]
22 Oct 2017, 11:09 pm by Florian Mueller
Samsung Trial on Design Patent Damages by Florian Mueller on ScribdSamsung had originally asked Judge Koh for a retrial (in vain at the time), then the Federal Circuit (in vain), then requested an en banc (in vain), then petitioned for a writ of certiorari (successfully), then convinced the Supreme Court that the standard to design patent damages that had originally been applied was incorrect, then dissuaded the Federal Circuit from affirming the original ruling after the SCOTUS… [read post]
11 Oct 2017, 8:46 am by Anthony McCain
Steve Brachmann: PTAB Due Process Violations Raised In Brief To Federal Circuit Joe Mullin: New Patent-Holder Grabs Nokia Patents, Sues Over Apple iPhones Michael Hinrichsen & Anthony Sabatelli: Patent Exhaustion And Pharmaceuticals Jo Dale Carothers: Federal Circuit Clarifies Venue Requirements For Patent Cases Florian Mueller: DoJ Backs Apple, Says Supreme Court Should Deny Samsung’s Most Recent Cert Petition Upcoming Events The Power Of The PTAB: The New Authority In… [read post]
5 Oct 2017, 8:05 am by Florian Mueller
But as device makers, the two remain fierce competitors--and adversaries in court.A few months after the Supreme Court of the United States requested the Trump Administration's perspective on Samsung's most recent petition for writ of certiorari, the Solicitor General of the United States, Noel Francisco, has expressed the views of the U.S. federal government (this post continues below the document): 16-1102 Views of the United States by Florian Mueller on ScribdThe… [read post]
29 Sep 2017, 1:33 pm by Anthony McCain
Here’s How To Fix It Florian Mueller: Meet The Patent Tolls Of The 2030s Get a Job doing Patent Law                   Abel Law Group Perkins Coie Shay Glenn Dorsey Edell, Shapiro & Finnan [read post]
8 Sep 2017, 10:02 am by Florian Mueller
First, the expected denial of a preliminary injunction requiring the likes of Foxconn to make immediate royalty payments (this post continues below the document): 17-09-07 Denial of Qualcomm's Requested Preliminary Injunction by Florian Mueller on ScribdIt From the beginning, Qualcomm's motion for a preliminary injunction related to royalty payments was a total long shot, given that the most critical preliminary-injunction factor is irreparable harm as opposed to… [read post]
28 Jul 2017, 10:37 pm by Florian Mueller
Samsung No Waiver of AOM Issue by Florian Mueller on ScribdIn April, Judge Koh had ordered the two perennial litigants to explain why Samsung had (as Apple claimed) or had not (as Samsung argued) waived the "article of manufacture" issue, which is central to any further determination of design patent damages in this case since the Supreme Court had overruled both the Federal Circuit and Judge Koh on that one. [read post]
19 Jul 2017, 1:26 am by Florian Mueller
It would have been a slam dunk even if the contract manufacturers hadn't challenged some of Qualcomm's patents (which Apple is also challenging), but now there is so much overlap I can't imagine any court in the world would want to make a duplicative effort of gigantic proportions.Here's the 268-page booklet with which the contract manufacturers responded to Qualcomm's complaint against them (this post continues below the document): 17-07-18 Contract Manufacturers'… [read post]
17 Jul 2017, 11:56 pm by Florian Mueller
Here's Foxconn's complaint (this post continues below the document): 17-07-17 Foxconn Impleading Apple in Qualcomm Case by Florian Mueller on ScribdParagraph 22 of the complain with which Foxconn impleads Apple says that "at Apple's request, Foxconn must implead Apple into the action. [read post]
11 Jul 2017, 2:42 am by Florian Mueller
It's the usual deny-everything-that-is-not-110%-undeniable thing, but I'll highlight two aspects that I believe are going to be interesting as the case unfolds (this post continues below the document): 17-07-10 Qualcomm Answer to FTC Complaint by Florian Mueller on ScribdIn paragraph 17 of its complaint, the FTC described (in addition to stating Qualcomm's legal domicile and some financials) Qualcomm's corporate structure as follows:"Qualcomm's… [read post]
7 Jul 2017, 8:05 am by Florian Mueller
Apple Patent Infringement Complaint by Florian Mueller on ScribdQualcomm also published an infographic on the six patents-in-suit (PDF), which stresses a point made in the press release: the six patents Qualcomm is asserting are, according to its holder, not essential to an industry standard. [read post]
28 Jun 2017, 3:35 am by Florian Mueller
Seriously, I've never been happier about a decision from the Northern District of California than this one (this post continues below the document): 17-06-26 Order Denying Qualcomm Mtd by Florian Mueller on ScribdHere's a total non-starter to begin with:"Qualcomm contents that FTC's allegations of above-FRAND royalties are nonetheless contradcited by the fact that the Complaint also alleges that Qualcomm has historically collected a royalty rate of 5%, and… [read post]
20 Jun 2017, 5:42 am by Florian Mueller
There is no more room for doubt now that Apple, which earlier today resoundingly rejected the accusation that it had throttled any of its iPhones, has amended its complaint (this post continues below the document): 17-06-20 Apple's Amended Complaint Against Qualcomm by Florian Mueller on ScribdWhy many billions? [read post]
20 Jun 2017, 12:39 am by Florian Mueller
Under a May 30 court order, Apple has a couple of deadlines today (June 20) in its antitrust/patent litigation in the Southern District of California, and when double-checking on the deadline, I just noticed that Apple made one filing one day in advance--a motion to dismiss Qualcomm's unfair competition counterclaim based on the allegation that Apple hobbled, throttled or whatever one may call it its iPhones that come with Qualcomm chip in an effort to make Intel's chips appear equally… [read post]
6 Jun 2017, 12:10 pm by Florian Mueller
Samsung case (this post continues below the document): 17-06-05 Samsung Reply Brief Iso Cert Petition by Florian Mueller on ScribdObviously, Apple would like to avoid Supreme Court review and just get the most favorable outcome. [read post]
5 Jun 2017, 6:33 am by Florian Mueller
Dismissal of FTC Complaint by Florian Mueller on ScribdOne of the alleged insufficiencies of the FTC's complaint is that the FTC's complaint refers to "elevated" royalties instead of using the term "above FRAND" (as Qualcomm suggests). [read post]
25 May 2017, 8:38 am by Florian Mueller
They have, however, given a statement to CNET and other media.Here's the filing, including all exhibits, some of which are really essential here (this post continues below the document): 17-05-24 Qualcomm Motion for Preliminary Injunction by Florian Mueller on ScribdDespite the qualitative and quantitative efforts undertaken by Qualcomm to establish irreparable harm, I can see some serious issues here that weigh strongly against an injunction. [read post]
23 May 2017, 1:22 pm by Florian Mueller
Here's Apple's responsive brief (this post continues below the document): 17-05-22 Apple Opposition to Samsung Cert Petition by Florian Mueller on ScribdBefore sharing a few observations on the brief, I'd like to recommend a Washington, DC panel discussion that will take place at the National Press Club the day after tomorrow (Thursday, March 25) at 9 AM Eastern Time. [read post]
12 May 2017, 3:30 pm by Florian Mueller
And now Samsung has gone a very meaningful step further than answering questions from the Korea Fair Trade Commission: Samsung has just filed an amicus curiae brief in support of the FTC's opposition to Qualcomm's motion to dismiss the antitrust complaint (this post continues below the document): 17-05-12 Samsung Amicus Brief Iso FTC Opp to QCOM m2d by Florian Mueller on ScribdFor formal reasons, Samsung also had to request permission to file that brief. [read post]