On August 4, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the District of Delaware in Goda Kaisha v. TCL Commc’n Tech, wherein the district court held that TCL was liable for infringement by way of its sale of LTE standard-compliant devices…. The CAFC initially said that it agreed with the district court’s ruling and reasoning, but wrote to address a question not before addressed by the CAFC case law: “who determines the standard-essentiality of the patent claims at issue—the court, as part of claim construction, or the jury, as part of its infringement analysis?”
Litigation
- CAFC Gives Google Second Shot at PTAB in Challenge of Communications Patents
- LG’s Recent Infringement Fight Against TCL Could Take Some Tips from DivX’s Approach
- In re Killian: Harvey the Rabbit Comes to the Federal Circuit
- California Court Holds Pinterest’s Display of User-Uploaded Works Near Ads are Protected by DMCA Safe Harbor
- Hirono and Tillis Give Vidal One Month to Answer Questions on Abuse of PTAB Process
Recent Posts
- Other Barks & Bites for Friday, May 20: CAFC Remands No Case or Controversy Determination to Eastern Texas, Ninth Circuit Rules 2018 Farm Act Legalized Delta-8 THC Trademarks, and EU Commission Directs Member States to Codify Copyright Rules
- CAFC Gives Google Second Shot at PTAB in Challenge of Communications Patents
- Policy Shift Against SEP Rights Poses Risks for U.S. Innovation and Undermines Mandate of the ITC
- Mossoff-Barnett Comment on EU Commission’s Call for SEP Evidence Spotlights Misconceptions About FRAND Obligations
- LG’s Recent Infringement Fight Against TCL Could Take Some Tips from DivX’s Approach