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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]
12 Apr 2018, 12:17 pm by Florian Mueller
Samsung trials won't be allowed next time.By contrast, Apple's second motion in limine appears overreaching at least in key parts (this post continues below the document): 18-04-09 Apple Motion in Limine Against Unasserted Patents by Florian Mueller on ScribdIn that second motion in limine, Apple seeks to preclude Samsung from referring to "unasserted patents. [read post]
12 Mar 2018, 12:50 am by Florian Mueller
His attorneys explained why their client's patent application has priority over the one underlying that Twitter patent.The latest and most significant development so far bears today's date: the United States Patent & Trademark Office agreed to reexamine Twitter's (broader) '532 patent based on prior art including, most notably, the Rathod patent application (this post continues below the document): 18-03-12 Reexam of Twitter Patent Ordered by Florian… [read post]
3 Mar 2018, 9:54 am by Florian Mueller
In its reply brief, Samsung stresses that it never argued that the California case would be dispositive of the entire Chinese actions--it's just about FRAND compliance and its implications for the entitlement to injunctive relief, and Samsung isn't against the U.S. court determining access to injunctive relief (this post continues below the document): 18-02-28 Samsung Reply Brief by Florian Mueller on ScribdWith respect to the legal standard, the most fundamental… [read post]
7 Feb 2018, 8:03 pm by Florian Mueller
Here's Judge Koh's order (this post continues below the document): 18-02-07 Order Setting Aside Sanctions Order by Florian Mueller on ScribdThe matter is remanded to Magistrate Judge Cousins because Judge Koh found it legally erroneous that he based his sanctions order on Apple on a procedural rule that applies to parties, while Apple is technically a non-party to the FTC-Qualcomm case. [read post]
5 Feb 2018, 6:18 am by Florian Mueller
Thanks to my independence as an app developer who quit consulting in 2014, I can and will take positions on the current case that are simply consistent with the ones I had back in 2012.Here's Samsung's motion (this post continues below the document): 18-02-01 Samsung Motion to Enjoin Huawei by Florian Mueller on ScribdIn the build-up to Judge William Orrick's decision, there'll be more opportunities to discuss the legal theories and case-specific facts,… [read post]
31 Jan 2018, 8:13 pm by Florian Mueller
"On Wednesday evening, Lawyers for Civil Justice--an organization representing the interests of corporate counsel (with companies like Microsoft, Shell, ExxonMobil, Eli Lilly, StateFarm, Ford, Merck, Pfizer, Glaxo SmithKline and FedEx sitting on the board) to avoid unreasonably burdensome procedures--asked the court for permission to file the following amicus brief that effectively supports Apple (this post continues below the document): 18-01-31 Lawyers for Civil Justice Proposed Acb by… [read post]
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]