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Patent Litigation Samsung Intellectual Property Protection

Jones Day

Patent Appendix That Was Referenced, But Not Incorporated, Is Not Prior Art

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In Apple Inc. v. DoDots Licensing Sols. LLC, IPR2023-00939, Paper 12 (PTAB Jan. 3, 2024) (“Decision”), the PTAB clarified what is and what is not part of the prior art, and as such what can be considered by the PTAB in an IPR...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

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This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

Jones Day

Customer/Manufacturer Relationship Insufficient To Bar

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Recently, the PTAB held that Samsung Electronics Co. Ltd. (“Petitioner”), met its burden in showing that a third party (the “Third Party”) was neither a real party-in-interest (“RPI”) nor in privity with Petitioner....more

Jones Day

PTAB Panel Excuses Late Filings

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On May 10, 2023, a PTAB Panel excused the late filings of the Patent Owner and allowed over thirty exhibits and a Corrected Patent Owner Response (“CPOR”) to be submitted into the record in Samsung Electronics Co., Ltd. v....more

Jones Day

PTAB Issues Back-to-Back Fintiv Denials After Dry Spell

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The PTAB recently issued back-to-back Fintiv denials. The first denial issued on May 4, 2023. Read here about Samsung Electronics Co. Ltd. v. California Institute of Tech., No. IPR2023-00130, Paper 10 (P.T.A.B. May 4,...more

Jones Day

Fintiv Revisited—District Court Transfer Results in Institution Reversal

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In November 2020, Google LLC filed two petitions requesting an inter partes review of the claims of Ikorongo Technology LLC (“Ikorongo”) owned U.S. Patent No. 8,874,554 (“the ’554 patent”)....more

Jones Day

Deposition Exhibits Allowed With Sur-Replies (Sometimes)

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Under the Board’s rules, a patent owner gets to have the last word in a PTAB proceeding by filing a sur-reply to the petitioner’s reply.  Sur-replies may only respond to arguments raised in the reply, and the “sur-reply … may...more

Knobbe Martens

IPR Proceedings Were Not Prohibited by a Forum Selection Clause in a Non-disclosure Agreement

Knobbe Martens on

KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD. Before Newman, Prost, and Chen. Appeal from the United States District Court for the Southern District of New York. Summary: The forum selection clause in the parties'...more

Knobbe Martens

Characterizing Plaintiff’s Actions as Attempts to “Manipulate Venue,” Federal Circuit Orders Transfer of Cases to More Convenient...

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IN RE: SAMSUNG ELECS., CO., LTD. Before Lourie, Dyk, and Reyna.  On Petitions for Writs of Mandamus to the U.S. District Court for the Western District of Texas. Summary:  Manipulation of venue through...more

Hogan Lovells

Standard Essential Patent Update – December 2018

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Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, Germany, Japan, the United Kingdom, and the United States. ...more

Hogan Lovells

Standard Essential Patent Update – June 2018

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16 April 2018 – Huawei’s jurisdictional challenge to Conversant Wireless’ patent infringement and FRAND determination proceedings has been dismissed by the High Court of England and Wales. ...more

Hogan Lovells

Huawei v. Samsung — A new benchmark for standard essential patent litigation in China?

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China has become a new battlefield in the global patent war amongst tech giants in the telecom industry. On 4 January 2018, the Shenzhen Intermediate People’s Court (“Court“) rendered a landmark judgment in the Huawei v....more

Hogan Lovells

TMT China Brief - Summer 2018

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Cybersecurity in China remains a hot topic. The Cyber Security Law is already in place but the question is how this law is going to be interpreted and implemented. In this edition, we will look at various draft/trial measures...more

Hogan Lovells

Calculating larger patent damages in China by burden shifting

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In China, most damages awarded in patent cases are statutory in nature despite the availability of additional options of calculating damages including losses by the plaintiff, profits obtained by the defendant, or where a...more

Troutman Pepper

CAFC Finds Another PTAB Claim Construction Unreasonable and Again Reverses an Invalidity Holding

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In an inter partes review (IPR) proceeding, the meaning of terms used in challenged claims of an unexpired patent are given their broadest reasonable interpretation in light of the claim language and the specification. The...more

King & Spalding

ITC Section 337 Update – October 2015

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ITC Proposes Extensive Changes To Rules For Adjudicating Section 337 Investigations – On September 24, 2015, the Commission published a Notice of Proposed Rulemaking in the Federal Register announcing proposed changes to its...more

Morrison & Foerster LLP

The European Court of Justice on Enforcement of FRAND Patents: Huawei v. ZTE

The European Court of Justice (ECJ) rendered its highly anticipated ruling in Huawei v. ZTE on the enforcement of standard essential patents (SEPs) which are subject to a FRAND commitment. SEPs play a significant role in the...more

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