![]() Judge Richard Posner of the 7th Circuit Court of Appeals demolished Motorola’s argument that it was entitled to a licensing fee of 2.5 percent of iPhone sales based on Apple’s alleged infringement of a single standard-essential patent. ![]() Meanwhile, standard-essential patents have taken a beating in smart-device litigation in the United States. At the end of June, the Federal Trade Commission joined the fray, issuing subpoenas on Motorola’s licensing demands, while Bloomberg reported the Justice Department began investigating Samsung for the same alleged misuse of standard-essential patents. ![]() In April, complaints by Microsoft and Apple prompted the European Union to open an antitrust investigation of Motorola’s demands for licensing fees. Those Motorola patents, as well as Samsung’s standard-essential intellectual property, were supposed to give Google and its Android partners leverage against Microsoft and Apple in the patent wars, creating a stalemate.īut for Google and its Android partners, the last year has raised a lot of questions about the power of standard-essential patents in the smart-device litigation. Last year’s conventional wisdom was that after Apple and Microsoft teamed up to lead the coalition that acquired Nortel’s wireless tech patents, Google countered effectively with the Motorola deal. Everyone has to use them, which is why holders of standard-essential patents must agree to license their intellectual property on fair and non-discriminatory terms. That is the latest indication those patents aren’t the strong hand Google had sought.Įssential patents are adopted by the bodies that set international standards for developing technology. The federal jury found that Apple hadn’t infringed those supposedly standard-essential patents, which means that they weren’t essential after all. The company and its lawyers at Morrison & Foerster and Wilmer Cutler Pickering Hale and Dorr also turned back Samsung’s counterclaims, including assertions that Apple infringed two patents that Samsung said are essential to standard wireless technology. (Reuters) - Standard-essential patents aren’t providing as much leverage in the smart-device wars as Google may have hoped when it paid $12.5 billion to acquire Motorola Mobility.Īpple scored big on Friday in its offensive against Samsung, with a $1.05 billion damages verdict and a finding of willful infringement that could lead to three times as big an award. If you do not have a computer with you, you are welcome to attend and sketch out graphics to try out later on your own after the workshop.A customer tries the Samsung Galaxy Note smartphone at a store in Seoul August 26, 2012. Graph paper, sample images and colored pencils will be provided for designing graphics.
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