Patent challengers must prove they have a ‘significant presence’ in the US: ITC

Patent trolls must prove they have a 'significant presence' in the US

The International Trade Commission has become increasingly tired of all the patent mischief it’s forced to deal with, just as we’ve become tired of reporting on it. That’s why its latest defense against time-wasters could potentially be a very good idea. According to Reuters, the ITC will soon demand upfront proof that the complainant in a patent case has a “significant presence in the United States” and isn’t merely a fly-by-night outfit created for the purpose of pursuing litigation. The new rule has already been trialed in a pilot program, and Google, Intel, HP and others have voiced their support. It can’t fix everything, of course, since major companies will still be able to game the system to hamper their rivals, but with the FTC and the White House also taking steps to subject “patent-assertion entities” to greater scrutiny, it feels like the wheels of government may be starting to catch up with the trolls.

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Source: Reuters

Microsoft finally wins ITC battle with Motorola over wireless P2P patent (update)

Microsoft finally wins ITC battle with Motorola over wireless P2P patent

In with a bang, out with a whimper. After making us fear for the Xbox 360’s (shelf) life by delivering an adverse ruling in Motorola’s ITC patent infringement case against Microsoft last year, the presiding Administrative Law Judge reversed his stance a couple months ago after prodding by the full Commission. While the finding of non-infringement was good news for Microsoft, the decision still needed to be OK’d by the Commission before the investigation could be officially closed. We thought we weren’t going to get a final ruling until later in the summer, but the ITC apparently agreed with the ALJ’s initial ruling ahead of schedule, and has decided not to review the decision today. As a result, the investigation is now closed, and this particular battle in the patent wars is finally over.

Update: Naturally Microsoft Corporate VP and deputy General Counsel David Howard is excited to see this case be closed, and issued the following statement:

This is a win for Xbox customers and confirms our view that Google had no grounds to block our products.

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Via: Reuters

Source: USITC [PDF]

ITC rules that Samsung violates four Apple patents covering design, touch

ITC rules that Samsung violates four Apple design, touch patents

The back and forth continues. US International Trade Commission Administrative Law Judge Thomas Pender has made an initial ruling that some Samsung’s devices violate four Apple patents, including one iPhone design patent (the one you see above) and three software patents. Apple didn’t manage a clean sweep, as Samsung was cleared of treading on two more patents, but the verdict still carries the all-too-familiar potential for a trade ban if the ITC maintains the findings in its final review. It’s bleak news for the Korean company, which faced an initial loss to Apple at the ITC just last month — even though large swaths of the mostly Android-based Galaxy phones and tablets in the dispute have long since left the market, an upheld verdict gives Samsung one less bargaining chip in a protracted legal war.

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ITC rules that Samsung violates four Apple patents covering design, touch originally appeared on Engadget on Wed, 24 Oct 2012 17:50:00 EDT. Please see our terms for use of feeds.

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ITC says Apple didn’t violate four Samsung patents with iPad, iPhone

ITC says Apple didn't violate Samsung patents

This just hasn’t been Samsung’s summer. On top of Apple winning its earliest civil lawsuit against Samsung, the International Trade Commission has just handed out an initial determination that Apple didn’t violate any of four Samsung patents (including two reportedly standards-essential examples) by offering the iPad and iPhone. While Judge James Gildea didn’t publicly outline why Apple was in the clear, he added that Samsung lacks a domestic business that uses the patents — important when it’s trying to claim economic harm in the US. The verdict still gives Samsung at least four months’ room to breathe while the ITC reviews the decision, but it’s hard to see Samsung enjoying the reduced offensive strength when it’s already on the defensive in American courtrooms.

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ITC says Apple didn’t violate four Samsung patents with iPad, iPhone originally appeared on Engadget on Fri, 14 Sep 2012 16:06:00 EDT. Please see our terms for use of feeds.

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ITC decides Apple didn’t violate Motorola WiFi patent after all, tosses case back to judge

Droid RAZR and iPhone 4S

Trouble looked to be brewing for Apple last April: an International Trade Commission judge made an initial ruling that Apple infringed on a standards-essential Motorola WiFi patent, raising the possibility of a trade ban if the verdict held true. The fellows in Cupertino may have caught a big break. A Commission review of the decision on Friday determined that Apple didn’t violate the patent, and it upheld positions that exonerated the iPhone maker regarding two others. Apple isn’t entirely off the hook, however. The ITC is remanding the case to the judge to review his stance that Apple hadn’t violated a non-standards-based patent, which still leaves Apple facing the prospect of a ban. However, having to revisit the case nearly resets the clock — we now have to wait for another ruling and a matching review, and that likely puts any final decision well into 2013. Google-owned Motorola isn’t lacking more weapons in its arsenal, but any stalled proceedings take away bargaining chips in what’s become a high-stakes game.

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ITC decides Apple didn’t violate Motorola WiFi patent after all, tosses case back to judge originally appeared on Engadget on Fri, 24 Aug 2012 18:17:00 EDT. Please see our terms for use of feeds.

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Motorola’s latest ITC complaint against Apple targets newer iOS devices and Macs, messaging and sync

iPhone 4S and Motorola

Motorola filed its most recent ITC complaint against Apple so late into last week that the court system couldn’t immediately provide more details; we’re only just seeing documents now that the weekend is over. As it stands, the case involves seven patents that mostly touch on staple technologies of the modern mobile world, such as syncing messages between devices and bookmarking media playback on one device to resume on another. Does that last technique sound familiar? You might recall it being a cornerstone of the movie and podcast support that Apple has implemented since 2005. Despite reaching that far back into history, Motorola is just as eager to modernize the targeted hardware list to keep its complaints relevant — the current iPad, the iPhone 4S and other devices are at risk of a trade ban, posing more of a threat to Apple’s bottom line than the dust-covered (and near-finished) initial legal challenge from October 2010. Before coming to any conclusions, though, remember that the newer complaint isn’t likely to have any speedy resolution of its own. Past ITC cases have usually taken a year and a half to complete, which could leave most or all of today’s technology as another distant memory.

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Motorola’s latest ITC complaint against Apple targets newer iOS devices and Macs, messaging and sync originally appeared on Engadget on Mon, 20 Aug 2012 22:04:00 EDT. Please see our terms for use of feeds.

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Post-acquisition Motorola files fresh ITC complaint against Apple

Motorola RAZR and iPhone 4S

We hope you didn’t think that Motorola would fight a purely defensive patent war against Apple after Google’s acquisition closed. Just days before a final ruling on its initial complaints, the RAZR maker has filed another dispute with the International Trade Commission that accuses Apple of violating patents through some iOS devices and Macs. Exact details of the dispute are under wraps for now; Motorola, as you’d imagine, only contends that it has no choice after Apple’s “unwillingness to work out a license.” While Apple hasn’t said anything about the subject, we already know how much it disagrees with Motorola’s previous licensing strategy — it’s unlikely Apple will just roll over, no matter what’s at stake.

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Post-acquisition Motorola files fresh ITC complaint against Apple originally appeared on Engadget on Fri, 17 Aug 2012 19:25:00 EDT. Please see our terms for use of feeds.

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Rambus planning appeal after losing ITC patent case against LSI and STMicroelectronics

Rambus planning appeal after losing ITC patent case against LSI and STMicroelectronics

Rambus has lost the ITC dispute it filed with most of the electronics industry back in the day. Only LSI and STMicroelectronics remained as respondents after the company negotiated settlements with Freescale, Broadcom, MediaTek and NVIDIA. In its decision, the court found that some of the patents were unenforceable, while others ceased to be under the “clean hands” doctrine because Rambus had allegedly destroyed relevant documents. Company general counsel, Thomas Lavelle, has said in a statement that its next move might be to make an appeal to the Federal Circuit — where it’s hoping for better luck.

Continue reading Rambus planning appeal after losing ITC patent case against LSI and STMicroelectronics

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Rambus planning appeal after losing ITC patent case against LSI and STMicroelectronics originally appeared on Engadget on Thu, 26 Jul 2012 13:43:00 EDT. Please see our terms for use of feeds.

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Import ban on select Motorola Android products starts today

It’s been a few months since the International Trade Commission affirmed its decision to ban a selection of Motorola‘s Android portfolio from import, but the ruling will only start in earnest from today. While the ITC mentioned the likes of the Google-powered Atrix, Xoom, Droid 2 — alongside a whole pile of lesser-known models– the exclusion covers all Motorola devices that infringe on Microsoft’s patents for email-based meeting scheduling. Motorola has stated that it has already been proactive in ensuring its phones remain available in the US — the ruling won’t affect devices already in stock.

In its own words: “In view of the ITC exclusion order which becomes effective Wednesday with respect to the single ActiveSync patent upheld in Microsoft’s ITC-744 proceeding, Motorola has taken proactive measures to ensure that our industry-leading smartphones remain available to consumers in the U.S. We respect the value of intellectual property and expect other companies to do the same.”

Import ban on select Motorola Android products starts today originally appeared on Engadget on Wed, 18 Jul 2012 09:27:00 EDT. Please see our terms for use of feeds.

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ITC denies Apple’s request for emergency ban against HTC products

ITC denies Apple's request for emergency ban against HTC

Just like they have been, products like the One X and EVO 4G LTE will continue to pour through US Customs, as the ITC has now denied Apple’s request for an emergency ban against the alleged infringing products. The news follows Apple’s request for an emergency ban itself, in which the Cupertino outfit accused HTC of making false statements in order to bypass the terms of an exclusion order issued last December. In the most recent ruling, the ITC found that, “Apple has not demonstrated the propriety of temporary emergency action,” and went on to state, “the commission will not direct Customs to detain all subject HTC products because the commission does not have the information necessary to determine whether the respondents are currently violating the commission’s limited exclusion order.” Just yesterday, the ITC began an investigation to determine whether HTC’s products continue to violate a patent held by Apple, which would be a violation of December’s exclusion order. Until the ITC issues a more definitive finding, however, it seems that HTC can breathe a sigh of relief.

ITC denies Apple’s request for emergency ban against HTC products originally appeared on Engadget on Mon, 02 Jul 2012 22:28:00 EDT. Please see our terms for use of feeds.

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