Posts Tagged: "ITC"

ITC Litigators Ben Levi and Rett Snotherly form Levi & Snotherly

Trial lawyers Benjamin Levi and Rett Snotherly recently announced the formation of Levi & Snotherly, PLLC, a new law firm focused on Section 337 practice before the U.S. International Trade Commission. The two combine decades of experience in ITC matters, including five years together in the ITC’s Office of Unfair Import Investigations.

Venue Options for Patent Owners After TC Heartland and In re Cray

With venue for patent infringement actions under § 1400(b) narrowed after TC Heartland and In re Cray, patent owners could use declaratory judgment (DJ) actions to secure their desired venue because venue in DJ actions is governed by § 1391. The Declaratory Judgment Act provides federal courts with the authority to “declare the rights and other legal relations of any interested party” where an “actual controversy” exists. 28 U.S.C. §§ 2201–02… The ITC offers patent owners yet another venue option outside of § 1400(b).

Apple Counterclaim and 3 New Qualcomm Suits Increase Scope of Battle over Mobile Device Tech

In late November, the legal dispute between San Diego, CA-based semiconductor developer Qualcomm Inc. (NASDAQ:QCOM) and Cupertino, CA-based consumer tech giant Apple Inc. (NASDAQ:AAPL) over patents covering various electronic device components and features. A series of actions taking place in the Southern District of California shifts the focus of what has been an international squabble over patent infringement and antitrust claims back to American soil.

Rovi prevails over Comcast, wins limited exclusion and cease and desist orders from ITC

The U.S. International Trade Commission has issued a final determination finding a violation of section 337 in a matter dealing with infringement of patents owned by Rovi Corporation. As a result of the investigation the ITC issued a limited exclusion order prohibiting importation of certain digital video receivers and hardware and software components, and also issued cease and desist orders directed to the Comcast respondents. This final determination concludes the matter at the ITC and the investigation is now terminated, with this final determination submitted to President Trump for his review.

ITC opens 337 investigation for potential patent infringement by Apple screen sharing technology

The U.S. International Trade Commission (ITC) announced that it was investigating potential patent infringement committed by Cupertino, CA-based consumer tech giant Apple Inc. (NASDAQ:AAPL)… Aqua Connect said that Apple gave the ACTS terminal server product its “full support” when released to industry praise in 2008. To attract enterprise and government customers, Apple worked closely with Aqua Connect on development and sales of its terminal server service. “In early 2011, however, Apple—-abruptly and without explanation—stopped cooperating with Aqua Connect,” Aqua Connects alleges. By July of that year, Apple released a macOS update known as “Lion” which included a Screen Sharing remote desktop and terminal server solution.

ITC institutes 337 investigation into allegations of patent infringement by Schick Hydro

The U.S. International Trade Commission (ITC) announced that it had decided to open a Section 337 investigation over allegations of potential patent infringement in the consumer hygiene product sector. The products at issue in the investigation are certain shaving cartridges used together with a shaving handle, including shaving cartridges marketed under the Schick Hydro Connect 5 brand. The investigation was petitioned by Gillette, a subsidiary of American consumer goods giant Procter & Gamble (NYSE:PG), and it named Schick and its parent company Edgewell Personal Care (NYSE:EPC) as respondents in the case.

Broadcom Announces Bid Valued at $130 Billion to Buy American Semiconductor Giant Qualcomm

On Monday, November 6th, Singapore-based semiconductor designer Broadcom (NASDAQ:AVGO) announced that it had offered a proposal to acquire San Diego, CA-based semiconductor rival Qualcomm (NASDAQ:QCOM). The deal values Qualcomm at about $130 billion and Broadcom would pay $70 per share; stockholders would receive $60 in cash and $10 in Broadcom shares in the deal. That $70 per share price was higher than Qualcomm’s per share price on November 6th, when it popped above $65 per share early in the day before declining towards $62 by midday trading. According to Broadcom’s press release on the news, its proposal represents a 28 percent premium over the closing price of Qualcomm stock on Thursday, November 2nd.

Qualcomm files suit in China seeking to ban iPhone sales by asserting three non-SEPs

A major legal battle over patented technologies in the mobile device communication sector between San Diego, CA-based semiconductor developer Qualcomm Inc. and Cupertino, CA-based consumer tech giant Apple Inc. took a new turn as multiple news reports indicated that Qualcomm had filed suit in China seeking a ban on the sale and manufacture of iPhones. Qualcomm’s court filing in China is the latest salvo in a barrage of legal challenges between both company’s over licensing activities between Qualcomm, Apple and the many Asian contract manufacturers who fabricate smartphones for Apple which incorporate technologies allegedly covered by Qualcomm’s patents.

Qualcomm enters into 3G/4G license agreement with Turkish smartphone firm

On Monday, October 9th, San Diego, CA-based fabless semiconductor developer Qualcomm Inc. (NASDAQ:QCOM) announced that it had entered into a licensing agreement with Istanbul, Turkey-based General Mobile, a regional smartphone brand and a partner of the Android One smartphone project developed by Google. The royalty-bearing patent license grants General Mobile the right to develop, manufacture and sell 3G and 4G complete devices which incorporate technologies that are covered by patents in Qualcomm’s portfolio.

FREE Webinar: Hot Topics in Patent Litigation

A multitude of changes to patent law and practice have altered the face of patent litigation in America. From patent venue decisions in district courts that seem to be inconsistent with TC Heartland, to Indian Tribes acquiring patents and asserting sovereign immunity, the patent enforcement and defense landscape has changed dramatically over the past few months. Amidst these changing times, please join Gene Quinn for a free webinar webinar discussion – Hot Topics in Patent Litigation – on Thursday, October 12, 2017, at 12pm ET. Gene will be joined by former ITC Commissioner F. Scott Kieff and Keith Grady, Chair of IP and Technology Litigation at Polsinelli.

ITC institutes Section 337 investigation into Hisense Wi-Fi TVs infringing on Sharp patents

On Wednesday, September 27th, the U.S. International Trade Commission (ITC) announced that it had decided to institute a patent infringement investigation against Chinese electronics manufacturer Hisense (SHA:600060). The investigation, which follows from a Section 337 complaint filed by Japanese electronics firm Sharp (TYO:6753), will seek to determine whether certain Wi-Fi enabled devices and their components, specifically televisions which are capable of wireless Internet connectivity, which are imported into the U.S. by Hisense infringe upon two patents covering similar technologies held by Sharp.

Korean court upholds $912M Qualcomm fine as tech rivals continue to make antitrust claims

On Monday, September 4th, a South Korean court denied a request made by San Diego, CA-based semiconductor developer Qualcomm Inc. to rescind a fine levied last December by the Korea Fair Trade Commission (KFTC) over alleged unfair business activities in patent licensing and chip sales. According to reports, the South Korean court decision keeps in place a $912 million in the latest blow to Qualcomm’s corporate intellectual property strategy.

Is HTIA’s general counsel John Thorne a patent troll?

John Thorne was VP and deputy general counsel for Verizon during its legal battle against former American cable television company Cablevision where Verizon asserted a series of patents it owned… A closer look into the patents renders some interesting information about the patents Verizon asserted and the company’s legal strategy in the case. Two of the eight patents asserted by Verizon in the District of Delaware weren’t originally invented by Verizon, Bell Atlantic or other any other of Verizon’s predecessor companies; they were acquired from outside entities… And haven’t we been told by the likes of Unified Patents that all patent owners who enforce their patents are patent trolls? One would have to assume if Unified is being logically consistent they would have extraordinary problems with Verizon’s activities particularly here where the patents used to sue Cablevision were acquired and not the subject of in-house innovation.

Senator Toomey changes tune on exclusion orders and patents, supports Comcast against TiVo at ITC

Toomey’s comments appear to argue against an exclusion order for TiVo, which at first glance probably is hardly surprising to anyone. Senator Toomey is supporting a large constituent, which is to be expected. However, by doing so in this case Senator Toomey but seems to be directly at odds with a letter he sent just three years ago expressing “strong support of the protections afforded by 19 U.S.C. § 1337 (Section 337)” for a different constituent. Back in 2014, Senator Toomey wrote to the ITC to support a proposed exclusion order because the patent holder in that case “had made considerable financial investments into developing these technologies and without adequate remedies for imported goods that use their patents without paying for them, our de facto policy will be one that encourages this type of activity.” He argued that “[t]his will only deter companies . . . from taking bets on future research and development. That cannot be good for American innovation and job creation.”

Crocs loses inter partes reexam, will appeal rejection of design patent for ornamental footwear

Boulder, CO-based shoe manufacturer Crocs, Inc. (NASDAQ:CROX) had a design patent rejected by the U.S. Patent and Trademark Office. The patent struck by the USPTO is U.S. Patent No. D517789. Issued in March 2006 and assigned to Crocs, it protected the ornamental design of footwear. The design patent illustrations attached to the ‘789 design patent showcase the well-known Crocs design featuring holes in the footwear material around the front of the foot and a strap behind to hold the footwear in place against a person’s heel… The Examiner refused to recognize a priority claims of earlier filed applications dating back to June 23, 2003. According to the Examiner, the shoe that is the subject of the ‘789 design patent was not adequately disclosed prior to May 28, 2004, making an earlier priority date claim impossible to recognize.