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12 Oct 2018, 7:31 am by Florian Mueller
Finally, here's the FTC's brief: 18-10-11 FTC Reply to Nokia Amicus Brief in Qualcomm Case by Florian Mueller on Scribd Follow @FOSSpatents Share with other professionals via LinkedIn: Share| [read post]
7 Oct 2018, 1:01 am by Florian Mueller
Huawei Proposed Findings of Fact by Florian Mueller on Scribd(Pan)Optis claims to have "acquired" (though it may actually be more of a service provider to Ericsson in economic terms) 63 SEP families. [read post]
17 Sep 2018, 9:41 pm by Florian Mueller
It's a busy September on the FRAND front...As I reported on the first of the month, the Federal Trade Commission brought a motion for partial summary judgment that may open up the wireless chipset market--by reminding Qualcomm of its self-imposed obligation to license rival chipset makers--even prior to the big antitrust trial in the Northern District of California.It's odd that a mere reminder would be a potential game-changer, but that's the way it is because of Qualcomm's… [read post]
17 Sep 2018, 12:44 am by Florian Mueller
But the Sidley team representing Huawei has filed something that will make the Federal Circuit hearing (date TBD) more interesting than I would have previously thought (this post continues below the document): 18-09-06 Huawei Reply Brief (Antisuit Appeal) by Florian Mueller on ScribdI still doubt that the argument about whether the Ninth Circuit Gallo test replaces all of the Supreme Court's Winter preliminary-injunction criteria or only the irreparable-harm factor will be… [read post]
6 Sep 2018, 10:42 am by Florian Mueller
Motion for Partial Summary Judgment by Florian Mueller on ScribdFor a recap of something discussed in greater detail last year, Qualcomm's business model is basically like this:As Judge Koh recalled in a recent order, "an analysis conducted by Qualcomm in 2015 showed that revenues from Qualcomm's licensing program were 'equivalent in size to the sum of ~12 companies with a form of technology licensing,' including leading cellular SEP licensors such as… [read post]
6 Sep 2018, 2:12 am by Florian Mueller
Dembin handed down in the Southern District of California on Tuesday (this post continues below the document): 18-09-04 Order on Motion to Strike Qualcomm Allegations by Florian Mueller on ScribdThe procedural context, which the order summarizes at the start, is that Apple's original complaint involved, among other things, requests for declaratory judgment on invalidity and non-infringement of nine Qualcomm patents. [read post]
5 Sep 2018, 8:54 am by Florian Mueller
Two, it's interesting to watch how Samsung's lawyers position the anti-enforcement injunction as merely thwarting Huawei's plans to frustrate the forthcoming San Francisco trial (as opposed to putting U.S. law about Chinese law).Here's the filing first (this post continues below the document): 18-08-27 Samsung Appellate Brief by Florian Mueller on ScribdSamsung alleges that Huawei has made only token concessions and engaged in some structural maneuvering, but… [read post]
1 Sep 2018, 8:47 am by Florian Mueller
The trial might not even take place: after such a strategic breakthrough for the FTC, Qualcomm would be under significant pressure to settle.After assessing the potential impact of this motion, let's take a look at the basis on which the FTC is trying to make such tremendous headway (this post continues below the document): 18-08-30 FTC Motion for Partial Summary Judgment Against Qualcomm by Florian Mueller on ScribdIn a legal sense, the motion is as narrowly tailored as it… [read post]
29 Aug 2018, 10:32 pm by Florian Mueller
Things aren't going well for Qualcomm, even though it escaped an antisuit injunction for now (this post continues below the document): 18-08-29 Order Denying Antisuit Injunction Against Qualcomm by Florian Mueller on Scribd14 months after Judge Koh's world-class order denying Qualcomm's motion to dismiss the FTC's antitrust complaint, her positions on the (anti-)competitive dynamics at issue haven't changed. [read post]
22 Jul 2018, 7:39 am by Florian Mueller
Qualcomm filed its opposition brief on July 12 (this post continues below the document): 18-07-12 Qualcomm's Opposition to Consumers' PI Motion by Florian Mueller on ScribdQualcomm's legal arguments against the motion involve timing (the same consumer plaintiffs had filed a public interest statement with the ITC a long time ago, thus they knew about the ITC case, but waited until recently to thwart Qualcomm's pursuit of an exclusion order, i.e., U.S.… [read post]
22 Jul 2018, 6:37 am by Florian Mueller
Instead of having to make a decision, Judge Orrick merely had to grant the parties' stipulation of a dismissal that is formally without prejudice, allowing Huawei to try again, but only in a different case and not for at least nine months (this post continues below the document): 18-07-18 Stipulated Dismissal of Huawei-Samsung FRAND Claim by Florian Mueller on ScribdJust last month, Huawei's offensive case already got narrowed as Judge Orrick, in a matter involving the… [read post]
4 Jul 2018, 12:53 pm by Florian Mueller
Here's a particularly well-crafted complaint by the Pomerantz firm, which a United States District Judge called "some of the best lawyers in the United States, if not in the world" and which recently achieved the largest securities class action settlement in a decade as Petrobras coughed up $3 billion (this post continues below the document): 18 06 26 Jadhav Complaint by Florian Mueller on ScribdI've also uploaded another complaint filed in the Southern… [read post]
28 Jun 2018, 11:55 am by Florian Mueller
Qualcomm antitrust case in the Northern District of California last year) just brought a motion for an anti-enforcement injunction that would bar Qualcomm from the enforcement of a potential future ITC exclusion order (this post continues below the document): 18-06-28 Consumers' Motion for Anti-Enforcement Injunction Against Qualcomm by Florian Mueller on ScribdYesterday, Judge Lucy H. [read post]
27 Jun 2018, 1:40 pm by Florian Mueller
Samsung by Florian Mueller on ScribdI'm torn between saying "Good riddance! [read post]
23 Jun 2018, 7:30 am by Florian Mueller
Samsung - Denial of Motion to Alter Judgment by Florian Mueller on ScribdWhile there's nothing unusual about a judge standing by his decision, this order is quite important in one respect: Huawei argued that Judge Orrick should have applied, in addition to the Gallo antisuit injunction factors, the Supreme Court's traditional Winter preliminary injunction factors. [read post]
17 Jun 2018, 1:01 pm by Florian Mueller
Iancu, according to which the Patent Trial & Appeal Board (PTAB) of the United States Patent & Trademark Office (USPTO) must reexamine all challenged claims if a petitioner shows a reasonable likelihood of invalidatio for just one challenged claim, enabled Samsung to obtain a stay of two patent infringement claims brought by Huawei (this post continues below the document): 18-06-13 Order Granting Stay of Huawei Infringement Claims by Florian Mueller on ScribdSamsung… [read post]
9 Jun 2018, 7:15 am by Florian Mueller
Here's the Office communication (this post continues below the document): 18-06-08 USPTO Rejection of Twitter Core Patent Claims by Florian Mueller on ScribdAll of the claims under reexamination have been found to have been anticipated by Yogesh Rathod's international patent application. [read post]
31 May 2018, 10:45 pm by Florian Mueller
Samsung damages verdict (largely over design patents) in the Northern District of California, counsel for both parties told Judge Koh that they were both willing to put an end to their long-running dispute, which started with a complaint filed by Apple in April 2011 and quickly escalated into a global dispute with filings in ten countries.Late on Thursday, Samsung filed an administrative motion asking Judge Koh to keep a joint notice regarding alternative dispute resolution out of the public eye… [read post]
24 May 2018, 5:34 pm by Florian Mueller
Samsung Jury Verdict by Florian Mueller on ScribdThe amount is similar to what Apple won in previous trials. [read post]
16 Apr 2018, 5:48 am by Florian Mueller
., where a trial is scheduled for December (this post continues below the document): 18-04-13 Order Granting Samsung Antisuit Injunction Against Huawei by Florian Mueller on ScribdAs I had already predicted on the basis of the motion, Judge Orrick concluded that any differences between the fact pattern of Huawei v. [read post]