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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]
26 Jul 2019, 3:32 am by Florian Mueller
" That particular meaning of the word appears to have served as inspiration for somebody at Qualcomm who made the macabre design choice to depict the exits of key competitors from the mobile chipset market (Freescale in 2008, ST Ericsson in 2010, Texas Instruments in 2011, Broadcom in 2012, and Nvidia in 2014) as a graveyard at the bottom of a chart with tombstones to the left and right (click on the image to enlarge; this post continues below the image):The document was highlighted yesterday… [read post]
24 Jul 2019, 7:05 am by Florian Mueller
Below please find the FTC filing as well as the ACT's high-energy and high-value amicus brief:19-07-18 FTC Opposition to ... by Florian Mueller on Scribd19-07-19 ACT the App Associ... by Florian Mueller on ScribdFollow @FOSSpatents Share with other professionals via LinkedIn: Share| [read post]
17 Jul 2019, 1:28 pm by Florian Mueller
either way, the Administration's approach to Huawei doesn't look principled at this stage); andyesterday the Department of Justice tripled down on its pro-Qualcomm advocacy I already criticized on previous occasions (as recently as last month), with declarations by the Department of Defense (Scribd link) and Department of Energy (Scribd link) attached (this post continues below the document):19-07-16 DOJ Statement of I... by Florian Mueller on ScribdAntitrust Assistant… [read post]
14 Feb 2019, 5:11 am by Florian Mueller
Complaint with @EU_Competition is pending.— Florian Mueller (@FOSSpatents) February 14, 2019There still is a possibility of the injunction being lifted by the Oberlandesgericht München (Munich Higher Regional Court). [read post]
24 Jan 2019, 11:02 am by Florian Mueller
All I can say is that I'm extremely risk-averse and don't short as a matter of principle.Kerrisdale's PDF document links to this blog on several occasions, and this is what they have to say about yours truly:"Florian Mueller, an anti-software-patent advocate who has followed the various legal cases against Qualcomm very closely for years and is attending the current trial in person, [...] [read post]
13 Dec 2018, 9:47 pm by Florian Mueller
Post-discovery Events by Florian Mueller on ScribdIn late October, Qualcomm brought a motion to introduce evidence related to post-discovery (i.e., post-March 30) events that the wireless chipset maker believes weigh against the FTC's pursuit of an injunction:Intel's growing business with Apple (a design win related to the entire range of next-generation iPhones, though Intel, as the ruling notes, already had a chipset supply deal in place with Apple well before the… [read post]
8 Dec 2018, 2:51 am by Florian Mueller
The litigation departments of government agencies are outnumbered by private-sector litigants' armies of lawyers all the time, but quite often they prevail nevertheless.Here are the two filings (this post continues below the documents): 18-12-06 FTC's Proposed Findings and Conclusions by Florian Mueller on Scribd18-12-06 Qualcomm's Pro... by on ScribdThose proposed findings and conclusions serve as a roadmap for the upcoming trial. [read post]
2 Nov 2018, 11:13 am by Florian Mueller
"Now I've quoted Apple's statement before showing it (this post continues below the document): 18-10-31 ITC 337-TA-1065 Apple Pub Int Stmt by Florian Mueller on ScribdApart from footnote 1 (quoted above the document), a couple of aspects of Apple's filing are worth highlighting:Apple attributes to Qualcomm's "anticompetitive practices" the fact that "in the past decade, multiple U.S. baseband chipset suppliers--including Broadcom, Marvell,… [read post]