Currently this is a decidedly incomplete list of either (a) very recent, or (b) relatively important standards-related cases. A comprehensive list of older (pre-2003) cases can be found here.
- Apple counterclaims in Nokia v. Apple. Among other things, Apple is seeking a declaratory judgment that Nokia’s offers to license its standards essential claims aren’t RAND, no injunction available to Nokia, and all Nokia’s patents are invalid for patent misuse. Nokia subsequently filed a compliant with the ITC.
- Actividentity v. Intercede. Actividentity sued Intercede for patent infringement over some smart card technology. Intercede made a series of counterclaims based on Actividentity’s alleged failure to disclose the relevant patent in a SSO called GlobalPlatform. Intercede’s counterclaims included: (1) unenforceability based on a failure to disclose, citing to Qualcomm v. Broadcom; (2) monopolization (Sherman Act section 2), citing to both Broadcom and Rambus v. FTC; (3) attempted monopolization (similar cites); (4) fraud, and (5) unfair business practices under CA state law. The order allows the unenforceability, monopolization and attempted monopolization claims to proceed, and dismisses the fraud and UBP claims (but with leave to amend).
- Decision out of federal district court in Wisconsin on 9/18/09: Fujitsu v. Netgear. Fujitsu et al, presumably representing the Via 802.11 pool where the relevant patents are licensed, lose on summary judgment. Echoing Dynacore, the court held that simply showing that a product claims to implement a standard, and that a patent reads on that standard, is insufficient to demonstrate that the product in fact infringes that patent.
- I missed this case when it came out in Feb. ’08, but it strikes me as important for 501(c)(6) SIGs/SDOs: Bluetooth SIG lost its claim to tax-exempt non-profit status as a “business league” under U.S. tax code section 501(c)(6). Bluetooth’s Motion for Summary Judgment (17MB .pdf file, uggh) also makes for an interesting read: among other things, their argument (page 12) that similar SIGs like Wi-Fi Alliance, Infrared Data Association, CDMA Development Group Inc. and Zigbee Alliance had already been granted 501(c)(6) status did not carry the day.
