Posts Tagged: "Judge Lucy Koh"

Other Barks & Bites for Friday, December 17: Mauskopf Says AO Will Study Western Texas Patent Case Assignments, USPTO Proposes Rule on Electronic-Only Patent Certificates, and Senate Confirms Lucy Koh to the Ninth Circuit

This week in Other Barks & Bites: the U.S. Senate confirms the appointment of Judge Lucy Koh to the bench of the Ninth Circuit; the Federal Circuit affirms a summary judgment ruling of no induced infringement in an international patent case over plastics manufacturing; the Supreme Court denies an appeal of the French government’s sovereign immunity win over cybersquatting claims; the Senate Commerce Committee approves a bill that would increase foreign direct investment into semiconductor manufacturing; Judge Mauskopf sends a letter indicating that the Administrative Office of the U.S. Courts will consider concerns raised regarding case assignment policies in the Waco Division of the Western District of Texas; the USPTO proposes a rule that would end the practice of mailing printed patent certificates upon issuance in favor of electronic-only patent certificates; and news reports indicate that Oracle is seeking a major acquisition of a medical records and software firm.

Judge Koh Responses on Antitrust-IP Intersection Promise More of the Same

On October 5, the Senate Judiciary Committee considered the nomination of Judge Lucy Koh, currently of the U.S. Federal District for the Northern District of California, to an appointment by President Biden to the United States Court of Appeals for the Ninth Circuit. After that hearing, several Senators submitted written questions, which Judge Koh responded to last week. There is no indication that Judge Koh’s nomination to the Ninth Circuit is in jeopardy, but it is noteworthy, and at least somewhat unusual, numerous Senators asked Judge Koh virtually the same questions regarding her decision in FTC v. Qualcomm. This level of overlapping interest by multiple members of the Senate Judiciary Committee, which IPWatchdog.com has learned was not coordinated and developed organically, is normally reserved for nominees to the Supreme Court, and even then, typically reserved to social or constitutional issues. So, even though it is believed Judge Koh can and will easily receive a favorable confirmation vote, the questions relating to the intersection of antitrust and patent law demonstrate a keen awareness and interest in these issues on the Senate Judiciary Committee.

Judge Lucy Koh Tapped for Ninth Circuit Alongside Seven Other Biden Nominees to Federal Bench

President Joe Biden on Wednesday nominated eight new judges for federal courts, including Judge Lucy Koh for the U.S. Court of Appeals for the Ninth Circuit. Koh has been a prominent figure in intellectual property (IP) cases in recent years, particularly due to her 2019 order finding that Qualcomm had engaged in unlawful licensing practices, which included her issuance of a permanent, worldwide injunction against several of Qualcomm’s core business practices. IP leaders including retired Federal Circuit Chief Judge Paul Michel and law professor Kristen Osenga submitted amicus briefs in FTC v. Qualcomm detailing Koh’s legal errors in that ruling. The Ninth Circuit ultimately vacated her decision and reversed the injunction.

Qualcomm Vindicated in Ninth Circuit Reversal of California Court’s Antitrust Ruling

The U.S. Court of Appeals for the Ninth Circuit today vacated a decision of the U.S. District Court for the Northern District of California finding that Qualcomm had engaged in unlawful licensing practices and reversed a permanent, worldwide injunction against several of Qualcomm’s core business practices. In May 2019, Judge Lucy Koh issued a 233-page order finding that Qualcomm had engaged in unlawful licensing practices and ordered in part that Qualcomm “must make exhaustive SEP licenses available to modem-chip suppliers on fair, reasonable, and non-discriminatory (“FRAND”) terms and to submit, as necessary, to arbitral or judicial dispute resolution to determine such terms…[and] submit to compliance and monitoring procedures for a period of seven (7) years.” Koh’s ruling was widely criticized, and today’s unanimous opinion was a total reversal of her findings.

Anticompetitive or Hyper-Competitive? An Analysis of the FTC v. Qualcomm Oral Argument

On February 13, the Ninth Circuit heard oral argument in the FTC v. Qualcomm case. Counsel for Qualcomm and the Federal Trade Commission (FTC) argued primarily about whether Qualcomm’s behavior resulted in anticompetitive harm, while the attorney from the Department of Justice, which had been granted five minutes to argue on Qualcomm’s behalf, faced tough questions about claims that the district court’s injunction posed a threat to national security. While the DOJ’s intervention in this case is interesting, the best summation of the argument came from the bench when Judge Stephen Murphy, District Court Judge of the Eastern District of Michigan sitting by designation stated: “Anticompetitive behavior is prohibited under the Sherman Act. Hyper-competitive behavior is not. This case asks us to draw the line between the two.”