And occasionally, even Samsung gets sued in the Western District, such as by a non-practicing entity named LED Wafer Solutions on Thursday (click on the image to enlarge): All one can google about that company is this lawsuit. Facebook is showing information to help you better understand the purpose of a Page. 379 likes. However, Fortress has consistently complained that Apple and Intel failed to define such markets with sufficiently clear boundaries, and so far Judge Chen agreed and sent Apple and Intel back to the drawing board. Apple and Intel's Fortress case draws attention to what happens when billions of dollars are invested in the acquisition and enforcement of patent portfolios. Here are a few passages that demonstrate Apple and Intel's efforts in that regard: "[T]he success of this aggregation and its anticompetitive effects can be seen in the disparity between (1) the prices at which Fortress and [its affiliates] acquired substitute and complementary patents and/or valued such patents before aggregation and (2) the significantly higher amounts that Defendants have obtained as royalties or sought in damages for these same patents after they have been aggregated under Fortress’s control in the relevant patent markets. ", "To the extent that Fortress and the Closed Now. On to PSG. About See All. Florian Müller is on Facebook. Facebook gives people the power to share and makes the world more open and connected. The Trump presidency was really bad for her. A moderately optimistic scenario would be that the FTC talked to the DOJ, as the Solicitor General (the second highest-ranking DOJ official) would represent it before the Supreme Court, and the DOJ discouraged a cert petition not because it still shared Delrahim's positions but because it genuinely believed that chances were slim (such as for the "Obama case" reason I just mentioned, and/or because of the significant challenge that it would have been to come up with a couple of good questions for review). The rumor had been lingering for months that the Bavarians were contemplating making a move for Neuhaus, but it appears that a move will not be happening — at least not at Neuhaus’ current €40 million price tag. This would mean that for the first time, there will be real competition for the App Store." View the profiles of people named Mueller Florian. The problem in patent policy is that politicians often have the "lone inventor" in mind whom some reckless large corporations just don't want to pay. Community See All. The Supreme Court and the Federal Circuit provided great guidance, and appeared to be aware of the problem of forum-shopping in patent litigation. Come Friday, the Federal Circuit may very well be inundated with amicus curiae briefs in support of Ericsson's position, as there will be no shortage of U.S. companies and academics with an interest in maximizing the number of patent lawsuits brought in the U.S., including in the Eastern District of Texas, which has lately been eclipsed by the Western District. Tesla employs employees who work at Tesla’s locations in this District. Interestingly, the complaint notes that "VLSI is seeking to enjoin Intel in multiple litigations in China." Not Now. ", "{T]he value to the prior owners of asserting the transferred patents was outweighed by the costs of doing so before aggregation because the value of the patents was constrained by competition in the markets for those patents and the owners lacked market power. It's obvious that I would want this to happen. The complaint has meanwhile grown to 161 pages plus a 17-page table. Challenging the validity of another party's patents couldn't be much further from seeking an import ban over one's own patents... Less than 24 hours before Ericsson filed its response brief with the Federal Circuit, IAM (Intellectual Asset Management) wrote about "the extent of the assault Samsung has launched at the PTAB against Ericsson as the Korean company pursues a strategy that few can afford." Florian Müller नाम के लोगों की प्रोफ़ाइल देखें. Maybe the automotive SEP licensing and enforcement context would provide the FTC with another bite at the apple that is called component-level licensing. This Harvard Business School Working Knowledge article discusses how Samsung seeks to generate goodwill from the local community (from which the court picks its jurors) such as by building the only outdoor ice skating rink in Texas and an annual Wonderland of Lights festival, which "started with the Samsung Holiday Celebration Show, featuring music by the local symphony as 250,000 Christmas lights lit up the county courthouse.". Log In. Domäne Müller. Microsoft maintains corporate offices in this District, including at 10900 Stonelake Boulevard, Suite 225, Austin, TX, USA 78759 and Concord Park II, 401 East Sonterra Boulevard, Suite 300, San Antonio, TX, USA 78258. Community See All. Should Samsung's Austin presence have nothing to do with the specific issues of this case, the plaintiff can still try to leverage the combination of formally being a local Waco company and of Samsung having at least some significant presence in the Western District. Forgot account? I'm keeping an eye on developments in the Western District, now the world's #1 hotspot for patent infringement damages. Create New Account. This is the rhetorically strongest sentence in the second amended complaint that complains about the effect of such consolidation in light of litigation campaigns such as 25 Uniloc v. Apple and 35 Uniloc v. Google cases (including Google affiliates): "Fortress and its [patent assertion entities] operate based on volume and repetition, targeting the resolve of the targets instead of establishing the merits and value of the patents.". Join Facebook to connect with Mueller Florian and others you may know. ", "Atlassian resides in the Western District of Texas by maintaining a regular and established place of business at 303 Colorado Street, Suite 1600, Austin, TX 78701. Vezi profilurile persoanelor care poartă numele de Florian Müller. Log In. Appx1116; see, e.g., Nokia v. Continental, Oberlandesgericht München [Munich Higher Regional Court], Dec. 12, 2019, 6 U 5042/19 (Ger. Florian "Cody" Müller. As Lex Machina reports, 793 new patent infringement cases were assigned to Judge Alan D. Albright of the United States District Court for the Western District of Texas in the year 2020--19.5% of all U.S. patent cases filed that year, and more than three times as many as to Judge J. Rodney Gilstrap in the Eastern District of Texas. Instead, the parties were basically just viewed as delivery boys: they had to present the facts, but the judge thought she knew all about the law. Supercharger, 1921 Frontage Rd, Van Horn, Texas 79855; and (13) Waco Supercharger, 701 Interstate 35, Bellmead, Texas 76705. 215 people like this. But there is a significant roadblock: under the aforementioned Mr. Delrahim, the DOJ cleared Avanci's business model by means of a non-binding business review letter. Shortly after TC Heartland, the Federal Circuit established "three general requirements relevant to the inquiry" of whether an alleged infringer has a "regular and established place of business" in a district (In Re: Cray Inc.): "(1) there must be a physical place in the district; "(2) it must be a regular and established place of business; and, "(3) it must be the place of the defendant.". This just a consequence of Ericsson, a notoriously aggressive enforcer, having elected to sue Samsung over a large number of patents. Daily Schmankerl: Bayern Munich loanee Adrian Fein is struggling; Weston McKennie suspended for partying; Manchester United target Erling Haaland’s immediate future tied to Jadon Sancho? After all the witnesses had been heard, some more extensive back-and-forth between judge and counsel, partly in writing perhaps, might have helped to reach more solid conclusions--maybe the same result in the end, even on the duty to deal (for a component-level license), but on a more appeals-proof basis. It obviously looks strange that the trial court agreed with the FTC all the way (except for a duty-to-deal theory that the FTC didn't defend on appeal) while the appeals court reversed everything it could and vacated the remainder (the FRAND contract interpretation) as moot. In the automotive context, SEP holders can't argue that the industry they're dealing with has traditionally taken licenses at the end-product level. Forgot account? 2,170 people follow this. My own app development company may at some point apply for membership, but even in that case I'd obviously retain my independent opinion. But long before this case goes to trial, or before an appeals court might hear a dismissal with prejudice, policy makers should pay attention to what Apple and Intel describe in their complaint. 2021-487, -447, -446, -486 (Jan. 29, 2021), -730 (Mar. www.mullerflorian.com. 11K likes. Winery/Vineyard in Groß Sankt Florian, Steiermark, Austria. or. Florian Mueller नाम के लोगों की प्रोफ़ाइल देखें. An alternative app store would be as consistent with that vision as it gets. At a minimum I would know that whoever (Apple, Epic, or any third party) rejected it would have to assume that some other app store might carry it. On his weekly podcast, Plettenberg broke the news (as captured below in a tweet from @iMiaSanMia) that might leave Bayern Munich fans a little upset: Although there's interest, Bayern will not pay Florian Neuhaus' €40m release clause this summer [@Plettigoal]https://t.co/AEkwfXer6y. Tesla also maintains service centers in this District, including at 12845 Research Boulevard, Austin, Texas 78759; 23011 IH-10 West, San Antonio, Texas 78257; and 28 Walter Jones, Suite C, El Paso, Texas. With just half as many new filings, Judge Albright would still be the undisputed number one U.S. trial judge in terms of the number of patent cases on his docket. Log In. There would be a lot more to say about Ericsson's filing, but for the reason stated above (I predict an avalanche of amicus briefs on Friday), I'd like to leave it at that for now. Judge Albright has gone too far. Über das Spiel: Ankuppeln, Einsteigen, Anschnallen und Losfahren - werde mit dem Euro Truck Simulator 2 zum Fernfahrer und erkunde dabei den europäischen Kontinent. ", "Defendant Juniper Networks, Inc. is a corporation organized and existing under the laws of Delaware that maintains an established place of business at 1120 S Capital of Texas Hwy #120, Austin, TX. Tesla has apparently just been coerced into an Avanci license. That would discipline all of them, and rejections would become more reasonable. It's also an indication of how far apart the parties' positions on a reasonable license fee must be: otherwise Ericsson wouldn't be suing so aggressively, and Samsung would consider it cheaper to accept Ericsson's terms than to litigate in multiple jurisdictions in parallel. Community See All. Facebook gives people the power to share and makes the world more open and connected. However, the current explosion is going to backfire in multiple ways: If the Federal Circuit receives an appeal of a billion-dollar verdict from that district pretty much every month, the appellate judges won't be impressed. Whether it's Caltech suing Microsoft or a newly-founded patent assertion entity claiming Samsung infringes its LED patents, they all contribute to the Western District's "market leadership" because they seek windfall profits from Judge Albright's exceedingly patentee-friendly rules and decisions. So the CAF pointed to an article published by EU Internal Market Commissioner Thierry Breton on LinkedIn, entitled DSA/DMA Myths -- What is the EU digital regulation really about? ", "On information and belief, Defendant Huawei Device USA, Inc., is a Texas corporation with a principal place of business located at 5700 Tennyson Parkway, Suite 600, Plano, Texas 75024. Tesla maintains a permanent physical presence within this District. On February 22, Samsung filed the opening brief in its Federal Circuit appeal of Ericsson's anti-antisuit injunction from the Eastern District of Texas. She had already been nominated to the Ninth Circuit, but her confirmation got derailed by the 2016 presidential election. Indeed, except for limited exceptions described below, the aggregated patents had not previously been offered to Apple or Intel to license, and thus, on information and belief, nor to other similarly-situated potential licensees. or. The third requirement was outcome-determinative in Cray: it's not enough for an employee to work from a home office. One of the first LinkedIn posts I read this morning was from the Coalition for App Fairness, which was founded last year by Epic Games, Spotify, Match Group and others. It all started in October 2019 with an Intel antitrust lawsuit in the Northern District of California, which was effectively replaced with a joint Apple-Intel filing in November 2019. Facebook is showing information to help you better understand the purpose of a Page. The patent docket of the Western District of Texas has grown eight-fold in only about two years. It's often easy to be wise after the event, but if there's only one aspect of trial management that Judge Koh could have done better in retrospect, it's that she could have allocated more time to a discussion of the law with counsel. And, by extension, it would benefit Apple. See more of Florian Müller on Facebook. Florian Müller और अपने अन्य परिचितों से जुड़ने के लिए Facebook में शामिल करें. In that case, the term "headwinds" might have been limited to the fact that the outcome before the Ninth Circuit was obviously disappointing for the FTC and Qualcomm (through its allies) had succeeded in portraying FTC v. Qualcomm as an Obama case, which wouldn't help when you face a Supreme Court with a 6-3 conservative majority. And it's a multi-tier supply chain: baseband chips get incorporated into network access devices, which in turn are incorporated into telematics control units, and the TCUs are finally built into cars. or. 22 people like this. 5. Join Facebook to connect with Florian Müller and others you may know. Grazerstraße 71 (4,449.38 mi) Groß Sankt Florian, Austria, 8522 . 5 out of 5 stars. Welcome to Florian Homm's official Facebook page. See more of Florian Müller on Facebook. Students are employed by Tesla as hourly interns, and following completion of the program they are placed in a Tesla Service Center in North America. Closed Now. ", "Upon information and belief, Defendant Huawei Technologies USA Inc. is a corporation organized and existing under the laws of Texas that maintains an established place of business at 2391 NE Interstate 410 Loop, San Antonio, TX 78217. www.mueller-florian.com. Domäne Müller. About See All. § 1400(b) isn't the only requirement for keeping a patent case in the district in which it was filed. patent docket. In Germany, NPEs have the same access to injunctive relief as all other patent holders (and the patent injunction reform that may be enacted in the coming months won't change that). But the question is: is Mr. Breton actually saying in that LinkedIn article that there will be alternative app stores on iOS (and Android)? In addition, the DMA empowers the users who do not like the preinstalled apps to switch to a different service or use a different app offered by another provider." See more of Domäne Müller on Facebook. But I wanted to be of service and make the document available immediately. "Austin, TX 78759; (2) Austin, TX Supercharger, 6406 N. Interstate 35 Frontage Road, Austin, TX 78752; (3) El Paso Supercharger, 6401 South Desert Boulevard, El Paso, Texas 79932; (4) Fort Stockton, TX Supercharger, 2571 North Front Street, Fort Stockton, Texas 79735; (5) Giddings, TX Supercharger, 3025 East Austin Street, Giddings, Texas 78942; (6) Junction Supercharger, 2415 N Main Street, Junction, Texas 76849; (7) Leon Springs, TX Supercharger, 24165 I-10 #300, San Antonio, Texas 78357; (8) Midland Supercharger, 3001 Antelope Trail, Midland, Texas 79706; (9) Pecos, TX Supercharger, 100 East Pinehurst Street, Pecos, Texas 79772; (10) San Antonio, TX Supercharger, 11745 I-10, San Antonio, Texas 78230; (11) San Marcos, TX Supercharger, 3939 Interstate 35, San Marcos, Texas 78666; (12) Van Horn Profile von Personen mit dem Namen Florian Müller anzeigen. ", "[S]ince at least as early as 2016, [Hewlett Packard Inc.] has had an established place of business in this judicial district with a physical office at 3800 Quick Hill Rd. "e. Tesla employees work at Tesla’s locations, including at least those identified in paragraphs 8 and 9 above. This was a complex case with multiple claims and theories. It would take time, but after a certain number of reversals, that would even discourage plaintiffs from suing there. In other words, there's a trend toward consolidation and economies of scale in the NPE business. Co. v. Telefonaktiebolaget LM Ericsson, IPR Nos. 184 people follow this. an article published by EU Internal Market Commissioner Thierry Breton on LinkedIn, Samsung gets 'westerndistricted' by non-practicing entity asserting LED patents in Waco, TX. 132 check-ins. At a minimum, the CAF's interpretation is defensible, even though I'm not going to take a definitive position on whether it's the only proper interpretation (absent additional evidence). The recent record patent damages verdict in VLSI v. Intel ($2.175 billion) may attract even more patent holders to the Western District. 132 check-ins. Join Facebook to connect with Florian Müller and others you may know. 2,174 people follow this. Then, I also sometimes disagreed with Judge Koh in the Apple-Samsung context (as did the appeals court, the Fedreal Circuit in that case), but all in all she is and remains an impressive judge especially on technology industry issues. I totally agree with Mrs. Domäne Müller. About See All. There were at least two high-profile Federal Circuit decisions last year--one involving Apple and another Adobe--in which Judge Albright was held to have abused his discretion by denying transfers of cases out of his district to more convenient fora. Instead, those entities have incentives to obtain excessive monopoly rents by exploiting patent portfolios that aggregate substitute patents with many meritless patents.". Blogger. Join Facebook to connect with Florian Müller and others you may know. ", "On information and belief, Defendant Western Digital Technologies is a Delaware corporation with a principal place of business at 7501 N. Capital of Texas Highway, Suite A 100, Austin, TX 78731 and 9442 N. Capital of Texas Highway, Austin, TX 78759.". issued a statement on the fact that the FTC did not file a petition for writ of certiorari (Supreme Court review) in the Qualcomm case. Community See All. Still, patent holders can sue a number of very significant technology companies in the Western District on a basis that is sufficient for Judge Albright to flatly deny a motion to transfer venue. If Samsung brings a motion to transfer venue, where would it suggest the case be transferred? either would have sought to license the transferred patents themselves or sold them to Defendants at far higher prices. The Apple App Store is an app itself (as is the Google Play Store). And he feels "unbelievably lucky" about this institutionalized excess. In order to have a perfect basis for selecting this particular forum, other than seeking to benefit from it the way Caltech is trying against Microsoft and others are trying against Tesla all the time, the plaintiff would have to be able to allege that Samsung's Austin operation is where the alleged act of infringement primarily occurred. 22 people follow this. About See All. Per a report from Sport1’s Florian Plettenberg, Bayern Munich will not be paying the €40 million release clause on Borussia Mönchengladbach midfielder and Germany international Florian Neuhaus. Another VLSI v. Intel trial in the Western District of Texas--where many major technology companies get sued as I discussed in my previous post--will go to trial next month. It is just put into the context of the first and third requirements, and the Federal Circuit provided further clarification on what is "regular" and what is "established." The deadline for Fortress and its affiliates to file an answer to the complaint or a renewed motion to dismiss (or similar motion) has been pushed back to April 26. Florian Müller. Politician. Create New Account. Gravity is a reality not only in biology, but also in patent litigation. Not Now. It's time for the pendulum to swing in the other direction. patent infringement complaints, so I'm now going to quote the passages with which the plaintiffs (mostly non-practicing entities) seek to justify their forum choice (in alphabetical order): "Upon information and belief, Defendant Acer America Corporation is a corporation Grazerstraße 71 (5,397.07 mi) Groß Sankt Florian, Austria, 8522 . Log In. 210 people like this. But what about the Biden DOJ? "11. There's one theory of harm underlying Apple and Intel#s complaint that Judge Chen is, in principle, prepared to entertain: the monopolization of specific licensing markets by the acquisition of patents covering techniques that could substitute for one another. Those hoping to see Florian Neuhaus in a Bayern Munich kit next season might be disappointed. It can't go on like that. or. Obviously, Tesla itself would find it hard to enforce the antitrust laws against those who sued it over patents, after just signing a settlement agreement. Join Facebook to connect with Florian Mueller and others you may know. About See All. Most patent infringement cases are nowadays brought by non-practicing entities (NPEs) that are affiliated with such groups as Fortress Investment, Acacia, or IP Edge. LG also has several service repair locations in this District. Yesterday, the Federal Trade Commission's Acting Chairwoman Rebecca Kelly Slaughter issued a statement on the fact that the FTC did not file a petition for writ of certiorari (Supreme Court review) in the Qualcomm case. 213 people like this. Share with other professionals via LinkedIn: ValueWalk, a website for financial investors, mentioned a potential scientific explanation for why trees don't grow to the sky: "[T]heir height is limited by their ability to pull water from the roots to the leaves." Entrepreneur. The employer should pay the rent, for example. At some point they won't merely give Judge Albright a slap on the wrist, but some of them might be sympathetic to defendants moving for a venue transfer. I've already done some research and will soon share a number of observations. The second requirement is not tautological. Create New Account. How many people this entity actually employs, and how much time they actually spend in Waco, is another question. Community See All. ), translation at 39 (Appx1868-1922) (confirming anti-interference injunction to ensure patentee is not 'deprived of his right[s]' to 'enforcement'); [...]". Profile von Personen mit dem Namen Florian Mueller anzeigen. So, arguably, Apple would have to offer an alternative by another service provider (such as the Epic Games Store) to the App Store. Apple and Intel have gone to extreme lengths, literally speaking, in order to complete their market definition homework. With Thomas Müller, Leon Goretzka, and Joshua Kimmich all entrenched at the 10, 8, and 6 positions, Neuhaus would have absolutely had issues in breaking into Bayern Munich’s starting XI. Not Now. The decision to abandon the Qualcomm case freed up agency resources. The question before Judge Chen at this point is whether the pleading requirements for an antitrust case are met. ", "Amazon.com Services, LLC is a company organized and existing under the laws of Delaware, with an office located at 11601 Alterra Pkwy., Suite 500, Austin, TX His 30 years of software industry expertise span different market segments (games, education, productivity and infrastructure software), diverse business models, and technical and commercial areas of responsibility. Not Now. The FTC's Acting Chairwoman didn't concede the battle to Qualcomm without a stern warning to SEP abusers: "I am particularly concerned about the potential for anticompetitive or unfair behavior in the context of standard setting and the FTC will closely monitor conduct in this arena.". Ericsson argues that Judge Gilstrap's misconception (believing that Samsung was seeking an ITC import ban against Ericsson over its own SEPs, when in reality those ITC complaints involved only non-SEPs on both sides) doesn't matter because Samsung could still do so and, in any event, "Samsung has attacked Ericsson 4G and 5G SEPs through IPRs in the U.S., see Samsung Elecs. During the COVID-19 Era, €40 million is a steep price to pay for a player who would not be in the starting line-up. In the event there will be another motion, the deadline for Apple and Intel's opposition is June 14 (in which case Fortress can reply by July 8). ", "Venue is also proper in this district because CSI [Cisco Systems, Inc.] has a regular and established place of business in this district. If the FTC won, the Avanci-Tesla agreement might be annulled. Here's the only passage in his statement that mentions apps: "Gatekeepers will keep digital opportunities; providers of operating systems will always be able to offer all sorts of software and apps as they wish. But those "lone inventors" bring very few patent infringement complaint compared to major aggregators. Log In. A slightly longer version of the same allegation is also found in the complaint: "Patent assertion thus becomes simply a numbers game disassociated from the merits of the underlying patents, with PAEs and their investors betting that serial assertions with aggressive demands will strike a jackpot eventually making up for many other losses.". The FTC's press release is now the first high-profile statement by a federal government agency on standard-essential patent (SEP) matters since President Biden took office, deserving a closer look. Samsung Electronics America, Inc. has offices in the Western District of Texas where it sells and/or markets its products, including an office in Austin, Texas.". A matter of interpretation. or. But the FTC could step in and investigate what happened, and possibly take action. Politician. Interestingly, the Unified Patents report IAM cites to notes that Samsung "is the most prolific PTAB filer (49 filings) and at the same time are the most targeted defendant in patent litigation (19 cases as first-named defendant," while "Ericsson was the most attacked patent owner at the PTAB with 30 petitions filed against them."

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