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8 Oct 2019, 12:01 pm by Florian Mueller
So timing could become a bigger issue should Conti, after a successful appeal in Munich (a Happy Halloween scenario for Conti), seek to broaden the scope of the order they're seeking.This is an interesting procedural twist, and should I find anything worth highlighting after a closer look (so far I've looked at those documents only cursorily), I may do a follow-up post, though chances are that some sort of a decision--even if just a procedural order--will come down before I even get… [read post]
8 Oct 2019, 11:13 am by Florian Mueller
Daim... by Florian Mueller on Scribd Follow @FOSSpatents Share with other professionals via LinkedIn: Share| [read post]
5 Oct 2019, 11:09 am by Florian Mueller
In that regard, Conti appears to be in pretty good shape, and its opposition brief is thoroughly researched and persuasive (this post continues below the document):19-10-04 Continental Opposi... by Florian Mueller on ScribdThe most interesting allegation is that of an "overarching conspiracy to boycott upstream suppliers like Continental. [read post]
10 Sep 2019, 9:37 am by Florian Mueller
" But this time around it's not an invitation in practical terms as I'll explain below, after showing you the actual order (two pages plus signature):19-09-10 Order Denying Wo P... by Florian Mueller on ScribdContinental's work related to this U.S. antisuit motion is a total disaster. [read post]
7 Sep 2019, 2:13 am by Florian Mueller
A... by Florian Mueller on ScribdWhen I read Continental's references to Sharp in its reply brief in support of the motion as well as in the partial withdrawal notice, I assumed that Sharp itself wasn't meant to be targeted, but that there could be an issue for Avanci, given that Continental, even after the partial withdrawal, seeks to enjoin Avanci and the other defendants "from acting in concert with anyone to pursue or institute such an action. [read post]
3 Sep 2019, 6:15 am by Florian Mueller
Koh in today's partial withdrawal of the U.S. antisuit injunction motion (this post continues below the document):19-09-03 Partial Withdrawal... by Florian Mueller on ScribdContinental's filing states that they are now opposing this injunction in Munich. [read post]
1 Sep 2019, 5:53 am by Florian Mueller
But before I even got there, much less found time to address the other parts of Qualcomm's opening brief, there's been that flood of amicus curiae briefs.Let's start with the one that will bear most weight with the judges based on the submitter--the Antitrust Division of the Department of Justice (DOJ) filed an amicus brief on the United States' behalf (this post continues below the document):19-08-30 DOJ acb by Florian Mueller on ScribdOnce again, Antitrust… [read post]
31 Aug 2019, 3:10 am by Florian Mueller
Moti... by Florian Mueller on ScribdIn very general terms, I already commented on some of Avanci's previously announced theories two weeks ago. [read post]
28 Aug 2019, 10:51 pm by Florian Mueller
Koh's court in San Jose (Northern District of California) and to the Northern District of Texas excels with a record density of relevant facts (this post continues below the document):19-08-28 Continental Opposi... by Florian Mueller on ScribdIf I didn't agree with Continental that "[t]his case will profoundly impact an entire global industry—the Internet of Things, including automotive connectivity," I wouldn't have taken an interest in it in the… [read post]
24 Aug 2019, 1:40 am by Florian Mueller
I normally always provide some reaction, and yesterday I did so near-simultaneously with Reuters (the first news agency to publish an article on the stay that Qualcomm had obtained), but given that it's an appellate proceeding where nothing will happen between now and the FTC's responsive brief (I'd have commented today if the motion for a stay had still been pending), that it's a weekend, and that this brief is really voluminous, I'm going to take my time to digest it and… [read post]
23 Aug 2019, 8:55 am by Florian Mueller
Here's the order (this post continues below the document):19-08-23 Ninth Circuit Orde... by Florian Mueller on ScribdThe order is based on the judges' conclusion that"Qualcomm has shown, at minimum, the presence of serious questions on the merits of the district court's determination that Qualcomm has an antitrust duty to license its SEPs to rival chip suppliers" (even though the FTC had argued that it's not simply a duty-to-deal case but a question of… [read post]
22 Aug 2019, 8:01 am by Florian Mueller
--for details on the issues in the case, please click on the links to earlier posts that you find in this article--and subsequently issued the following case management order (this post continues below the document):19-08-21 Case Management Or... by Florian Mueller on ScribdThe 10-day bench trial (reminiscent of FTC v. [read post]
15 Aug 2019, 3:31 am by Florian Mueller
Koh's court in the Northern District of California (this post continues below the document):19-08-15 Joint Case Managem... by Florian Mueller on ScribdThe next important date in this case is August 21. [read post]
10 Aug 2019, 11:56 am by Florian Mueller
" The allegation I just quoted is made in Continental's reply in support of its motion for a U.S. antisuit injunction against Nokia (this post continues below the document):19-08-09 Continental Reply ... by Florian Mueller on ScribdSome high-level observations on the reply brief:Just like the original motion, it's strong on policy and economic reasoning, but suffers from some deficiencies. [read post]
5 Aug 2019, 2:51 am
A 'Notice of letter to court' filed by Nokia that contains the decision and an English translation thereof has been made available by Florian Mueller of FOSS Patents here.The proceedings between Nokia, Daimler and ContinentalNokia holds a portfolio of Standard Essential Patents (SEPs) relating to communication standards. [read post]
3 Aug 2019, 2:48 am by Florian Mueller
Here's the consent motion (this post continues below the document):19-07-30 Unopposed QCOM Mot... by Florian Mueller on ScribdThe extension is needed not only by Qualcomm but also by persons and entities who will submit amicus curiae briefs in support of Qualcomm's appeal.The Ninth Circuit will schedule a hearing as soon as possible after briefing is complete. [read post]
31 Jul 2019, 1:39 pm by Florian Mueller
Moti... by Florian Mueller on ScribdThe motivation for this is not in the above motion, which instead states all sorts of largely or entirely pretextual reasons for the desired transfer from the Northern District of California (in this case, San Jose) to the Northern District of Texas (which practically means Dallas). [read post]
30 Jul 2019, 12:52 pm by Florian Mueller
A few days later, Nokia informed Judge Koh of this development by way of a letter, to which they attached an English translation and the German original of the Munich order (this post continues below the document):19-07-17 Nokia Letter to Ju... by Florian Mueller on ScribdContinental may still get a hearing by objecting to the injunction. [read post]
29 Jul 2019, 6:46 am by Florian Mueller
If you are already familiar with SEP portfolio valuation methods and their inherent shortcomings, you may wish to skip the introductory part (Basics) and jump straight to the part where I discuss specific issues with Qualcomm's conduct in connection with what is arguably the most central standardization process in the field of cellular telecommunications.BasicsThe valuation of standard-essential patent (SEP) portfolios is often performed in two steps: first, the value of all SEPs reading on the… [read post]
27 Jul 2019, 10:33 am by Florian Mueller
The problem here is not the quality of the FTC's opposition brief, but quantitative constraints can fully explain why it would be insufficient without ACT's and MediaTek's submissions.On Thursday, Qualcomm filed its reply brief (this post continues below the document):19-07-25 Qualcomm Reply ISO... by Florian Mueller on ScribdLet's look at the three key factors: merits, irreparable harm, and the public interest.MeritsIn an effort to counter Qualcomm's… [read post]