Search for: "Florian Mueller"
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12 Apr 2018, 12:17 pm
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
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
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
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
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
"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
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
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
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
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
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
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
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
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
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
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
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
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
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
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]
