Thursday, August 8, 2019

Federal Circuit Hears Oral Argument in TCL v. Ericsson Cases

On Monday, the Federal Circuit heard oral argument in Ericsson, Inc. v. TCL Communication Technology, an appeal from an Eastern District of Texas judgment awarding Ericsson $75 million for the infringement of one single non-standard essential patent.  (Hearing this appeal are Judges Prost, Newman, and Chen.)  On Wednesday, it heard oral argument in TCL Communication Technology v. Telefonaktiebolaget LM Ericsson, the appeal from Judge Selna's decision from December 2017 setting a FRAND royalty of $16.5 million for an entire portfolio of SEPs.  (Hearing this appeal are Judges Newman, Chen, and Hughes.)  Interesting discussions of the two arguments on Law360 here and here; recordings of the oral arguments are available here and here.  I haven't listened to these in their entirely myself, so I may have more to say about them once I have.  For previous discussion of the FRAND case on this blog, see here.  For previous discussion on this blog of the other case, see here--though I missed Magistrate Judge Payne's subsequent decision, in which he changed his mind and reinstated the $75 million verdict (plus enhanced damages and interest); for discussion on Law360, see here.

Update:  On IP Watchdog, Steve Brachmann also has a good write-up on the second of the two cases above.

No comments:

Post a Comment