Topic Archives: ALJ Decisions

June 23, 2015ALJ Decisions

3G Mobile Handsets: FRAND Defense Rejected for Alleged Standards-Essential Patents

ALJ Theodore Essex issued the public version of his initial determination on remand in Certain 3G Mobile Handsets and Components Thereof, Inv. No. 337-TA-613, on May 8, 2015.  In this closely watched proceeding, ALJ Essex issued a significant decision for parties involved in litigation over standard-essential patents (“SEPs”). The ALJ found that two of InterDigital’s patents relating to the 3GPP wireless standard were infringed and rejected Microsoft and Nokia’s FRAND defense.  He determined that there was no evidence that the patents were SEPs, “no evidence that [InterDigital] engaged in hold-up, or did not negotiate in good faith”, and by contrast, “evidence in this case supported a finding that [Microsoft/Nokia] engaged in reverse holdup or holdout.”  ...›