Documents and Links Submitted by Committee Members for Posting

5/23/13 From Richard Wolfram:

Public Comment Richard Wolfram sent to the DOJ and FTC in response to their request for Public Comments following the hearing on patent assertion entities.

Patent assertion entities - Wolfram public comment to DOJ-FTC - 4.5.13.doc

11/20/12 From Michael Stein:

The FTC did a report on anti-competitive effects of patents last year: http://www.ftc.gov/os/2011/03/110307patentreport.pdf

The FTC announced a workshop on the issue 11/19/12: http://www.ftc.gov/opa/2012/11/paeworkshop.shtm

4/3/12 From Richard Wolfram:

[I]nformation about the EC investigations (announced today) of Motorola Mobility, focusing on its use of injunctions regarding standards essential patents.

Standard Setting -- Google-Motorola Mobility ABA webinar - EC non-opposition.pdf

On a related note, and on behalf of fellow committe members Jorge Contreras and Andy Updegrove and myself, members of our committee are welcome to listen to a webinar put on last week (3/27) by that other bar association concerning FRAND, the Google-Motorola Mobility acquisition and the Microsoft-Apple-RIM/Nortel and Apple/Novell IP portfolio acquisitions -- "Three Faces of FRAND: The Evolving Understanding of Standards Essential Patents," co-sponsored by the ABA Science & Technology and IP Sections.

Here's the link for (free) audio streaming, accessible for the next 45 days or so:
http://apps.americanbar.org/cle/programs/nosearch/tfffmo.html.

Jorge moderated the webinar and Andy and I were on the panel, joined by John Harkrider, outside counsel to Google on the acqusition, and Fabian Gonell of Qualcomm. Our panel also discussed the use of injunctions with respect to SEPs.

The three IP acquisitions, SEPs and the strategic use of patents were the subjects of at least three sessions and significant interest at last week's ABA Antitrust Section Spring Meeting.

The DOJ (five-page) statement announcing the closing of its review of the three acquisitions is here: http://www.justice.gov/atr/public/press_releases/2012/280190.htm. The EC's (37-page) statement of non-opposition to the Google-Motorola Mobility deal, the only one of the three acquisitions that it reviewed, is attached [above].

__________________________________________________________________________________________________

Link to ETSI's presentation on Standards in the Cloud, to be held Sept 28-29, 2011: http://www.etsi.org/WebSite/NewsandEvents/2011_09_STANDARDSINTHECLOUD.aspx

FTC 3/11 Report on Patents: The Evolving IP Marketplace - Aligning Patent Notice & Remedies with Competition

Open Source License Selection Paper - Paul Roberts.docx

United States: Technology Standardisation And Antitrust Law - A Comparison Of The US And EU Approaches

Info regarding Netherlands judgment of interest - Dutch Sony seizure dispute: a case for New Amsterdam

HDTV Standards Case 4/29/11:

- Zenith suing Sony over alleging that high-definition televisions infringe two patents that implement the Advanced Television Systems Committee standard
- Zenith’s innovations related to HDTV are protected by a valuable portfolio of patents that are the subject of over 100 licenses with industry participants (Complaint, Para 9)
- Sony was previously licensed to certain Zenith patents, but license has expired and sales of HDTVs have continued (Complaint, Para 10)
- "Zenith has contacted and attempted to negotiate a reasonable and non-discriminatory license with Sony; however, Sony has been unwilling to take a license to Zenith’s patents" (Complaint, Para 10)

Zenith v Sony Complaint.pdf

Wireless IEEE 802.11n Standards Case, filed 5/6/11:
- Linex Technologies Inc. accused HP, Apple, Aruba Networks, Meru Networks, and Ruckus Wireless of infringing two wireless communications patents in Delaware federal court and the ITC
- Complaint alleges that that the action for patent infringement involves "products, methods, processes, services, and/or systems that operate using certain wireless communication methods, which infringe the Asserted Patents and which are used in wireless communications standards in the United States, such as IEEE 802.11n..." (Para 2)
- Complaint alleges "Defendants’ infringing products include wireless communication products that operate in a "multiple input, multiple output" ("MIMO") mode over a wireless local area network, as defined in the IEEE 802.11n standard" (Para 17. See also Para 25, 29
- Comments in response to the Federal Register Notice are due August 5, 2011
- Announcement: http://www.ftc.gov/opa/2011/05/standardsetting.shtm
- Workshop information page: http://www.ftc.gov/opp/workshops/standards/index.shtml
- Request for Comments and Announcement of Workshop: http://www.ftc.gov/os/fedreg/2011/05/110509standardsettingfrn.pdf
- Webcast workshop: http://htc-01.media.globix.net/COMP008760MOD1/ftc_web/FTCindex.html

Linex v. HP and Apple Complaint 5-6-11.pdf

FTC to host Workshop on Standard-Setting Issues on June 21, 2011

AIPLA Antitrust News, May 2011 (includes article on FTC Issues Report on the Evolving Intellectual Property Marketplace

AIPLA Antitrust News May 2011.docx

Two Rambus rulings, May 13, 2011

Hynix v. Rambus Fed Cir 5-13-11.pdf Micron v. Rambus Fed Cir 5-13-11.pdf

EU Standardization Report (click here the EU Standardization Report, dated June 1, 2011)

Trueposition - Order dismissing cmplnt w leave to amend - Jan 2012.pdf