On March 2, 2021, the ITC issued a Notice of
Investigation in
Certain LTE-Compliant Cellular
Communication Devices (Inv. No. 337-TA-1253).
By way of background, this investigation is based on a February
1, 2021 complaint filed by Evolved Wireless, LLC of
Austin, Texas ( Evolved ) alleging a violation of Section
337 by Samsung Electronics, Co., Ltd of South Korea, Samsung
Electronics America, Inc., of Ridgefield Park, New Jersey, and
Motorola Mobility LLC of Chicago, Illinois (collectively, Respondents ) in the unlawful importation and sale in
the U.S. of certain LTE-compliant cellular communication devices
that infringe Evolved s U.S. Patent Nos. RE46,679 ( the 679 patent ); RE48,326 ( the 326 patent );
Federal Circuit found that the license agreement covered subsequent wireless network generations, affirming a district court decision that infringement claims were barred by the license agreement and the doctrine of patent exhaustion. Evolved Wireless, LLC v. HTC Corp
We will see whether the alleged interest in post-COVID 19 patent monetization by large patent owners results in more attempts at patent enforcement by companies fitting that profile.
Panel: Judges Dyk, Plager, and Moore, with Judge Dyk writing the opinion
You should read this case if: you have a matter involving standard-essential patents and license agreements that include later-developed or acquired intellectual property.
Our case this week features the standard-essential power players of quarantine: cell phones and tablets. If you’re wondering how your trusted devices fared, please do read on.
Evolved owns a standard-essential patent (SEP) covering 4G/LTE technology for mobile devices. In 2015, Evolved sued several mobile device manufacturers for infringement based on their use of Qualcomm chipsets to make multi-mode, or LTE, mobile devices.
But here’s the catch. The patent’s original owner, LGE, had granted a license to Qualcomm back in 1993. This license agreement barred patent infringement claims against Qualcomm and its customers for use of LGE patents that are technically or commercially necessary to make, sell, or use a “Sub
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Fed. Circ. Hints At Remand In Dispute Over Evolved s Patent
Law360 (December 11, 2020, 8:09 PM EST) A remand may be in order for a district court that found a contractual covenant shielded Samsung, Microsoft and others from infringement suits over an Evolved Wireless patent but did not address whether the companies could be liable after the contract s termination, a Federal Circuit judge said Friday.
Samsung and the others said during the remote hearing Friday that arguments and evidence from Evolved Wireless LCC LTE that infringement from Jan. 1, 2019, onward should have been fair game because the contract containing a covenant not to sue was terminated Dec. 31, 2018, were rightly excluded by a Delaware federal judge because Evolved improperly raised them..