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9 Nov 2013, 2:02 am by Florian Mueller
An Apple motion for sanctions is also pending at the ITC, and Justice Annabelle Bennett of the Federal Court of Australia recently appeared to be losing her patience with Samsung in this context.Here's the Friday order: 13-11-08 Patentgate Order to Show Cause by Florian Mueller If you'd like to be updated on the smartphone patent disputes and other intellectual property matters I cover, please subscribe to my RSS feed (in the right-hand column) and/or follow me on Twitter… [read post]
5 Jun 2017, 6:33 am by Florian Mueller
Dismissal of FTC Complaint by Florian Mueller on ScribdOne of the alleged insufficiencies of the FTC's complaint is that the FTC's complaint refers to "elevated" royalties instead of using the term "above FRAND" (as Qualcomm suggests). [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]
7 Aug 2016, 9:45 pm by Florian Mueller
" A week later, however, Oracle's lawyers filed a very powerful reply brief that exposes Google's ARC-related arguments as extremely flimsy (this post continues below the document): 16-07-27 Oracle Reply in Support of Motion for New Trial by Florian Mueller on ScribdThe first thing to consider here is that Marshmallow was part of the trial (in a February 16 follow-up trial order, Judge Alsup wrote that "Marshmallow shall be added to the named versions of… [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]
7 Jul 2017, 8:05 am by Florian Mueller
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]
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]
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]
28 Dec 2021, 10:57 pm by Florian Mueller
Apple antitrust and patent infringement complaint from Florida:21-12-15 9-21cv82235 Coring... by Florian Mueller Follow @FOSSpatents Share with other professionals via LinkedIn: Share| [read post]
11 Jul 2017, 2:42 am by Florian Mueller
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]
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]
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]
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]
19 May 2014, 10:01 pm by Florian Mueller
If his successor hadn't realized it, he wouldn't have agreed on a ceasefire with Google.Here's the joint Apple-Samsung court filing on ADR: 14-05-19 Apple-Samsung Joint Submission on ADR by Florian Mueller If you'd like to be updated on the smartphone patent disputes and other intellectual property matters I cover, please subscribe to my RSS feed (in the right-hand column) and/or follow me on Twitter @FOSSpatents and Google+.Follow @FOSSpatents Share with… [read post]
3 Sep 2014, 10:39 pm by Florian Mueller
Still, the amounts seem too high considering the huge number of patents in a smartphone or tablet.Finally, here's Apple's motion: 14-09-03 Apple Motion for Ongoing Patent Royalties From Samsung by Florian Mueller If you'd like to be updated on the smartphone patent disputes and other intellectual property matters I cover, please subscribe to my RSS feed (in the right-hand column) and/or follow me on Twitter @FOSSpatents and Google+.Follow @FOSSpatents Share with… [read post]
22 Feb 2021, 4:28 pm by Florian Mueller
My own complaint against #Apple incorporates several pages from that paper by reference (market definition etc.). https://t.co/SO1IZ5kTKz— Florian Mueller (@FOSSpatents) February 20, 2021 Follow @FOSSpatents Share with other professionals via LinkedIn: Share| [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]
12 May 2017, 1:28 pm by Florian Mueller
The Federal Trade Commission (FTC) has just responded to Qualcomm's motion to dismiss its antitrust complaint in the Northern District of California (this post continues below the document): 17-05-12 FTC Opposition to QCOM Motion to Dismiss by Florian Mueller on ScribdI published Qualcomm's motion in early April (toward the end of this blog post) and wrote at the time that Qualcomm would hardly get rid of the FTC case altogether. [read post]
30 Jan 2023, 1:11 am by Florian Mueller
It will take more than that to bring about change. https://t.co/bykRJcTw4Y— Florian Mueller (@FOSSpatents) January 25, 2023 I am glad to see that the Alliance of Digital India Foundation (ADIF) has meanwhile criticized Google's announcement the same way and in fact even goes beyond: ADIF says "[this] is nothing but Google’s strategy to disincentivize app developers from using alternative payment solutions by ensuring the app developers pay more for not using… [read post]
29 Mar 2023, 2:29 am by Florian Mueller
I consider the motion self-serving BUT reasonable.Google is under pressure here because of the Google Chats issue involving even its CEO, see https://t.co/ceMJDvbLxG🧵5/5— Florian Mueller (@FOSSpatents) March 17, 2023 I want Epic and the other plaintiffs to prevail, and Google is not really concerned about litigation economics, but the fact that the Ninth Circuit is reviewing the class certification decision at this stage does warrant a postponement of the trial in my… [read post]