Delaware state judge lets large parts of Continental's contract case against Nokia go forward, simply ignores federal courts' practice concerning global FRAND rates for standard-essential patents
FOSS Patents
by Florian Mueller
3h ago
Three months after tire maker Continental gave up on its meritless federal lawsuit against Avanci and some of its licensors, particularly Nokia, its Delaware case under state contract law largely survived Nokia's motion to dismiss. I've had the chance to read the decision and would like to share only a few high-level observations here. Conti was lucky that the case got reassigned to the Delaware Chancery Court's Vice Chancellor (= judge) Nathan A. Cook. According to his bio on the court's website, Mr. Cook's entire professional life has revolved around that particular state court. He clerked f ..read more
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First procedural dispute between Sony and Microsoft in Activision Blizzard FTC proceeding: Sony suggests it will cost many millions of dollars to answer Microsoft's questions
FOSS Patents
by Florian Mueller
3d ago
We're now witnessing the first legal--albeit only procedural--dispute between Sony and Microsoft in connection with the latter's acquisition of Activision Blizzard King (NASDAQ:ATVI). After bringing three motions for an extension of time (related to a potential Sony motion to quash or limit Microsoft's subpoena) that Microsoft was fine with, Sony has now filed a fourth such motion (PDF), and Microsoft officially opposes it, which requires the Federal Trade Commission's Administrative Law Judge (ALJ) D. Michael Chappell to side with one party or the other. Sony also has a problem with the FTC's ..read more
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Meta-Within court ruling based on issues unrelated to FTC's Microsoft-ActivisionBlizzard case, but detrimental to FTC's and Sony's lawyers' credibility
FOSS Patents
by Florian Mueller
3d ago
Now that the public redacted version (PDF) of Judge Edward J. Davila's order denying the Federal Trade Commission's motion for a preliminary injunction against Meta's acquisition of virtual reality (VR) software and content maker Within has been released, it's easy to tell what bearing has--and does not have--on the FTC's politically motivated efforts to torpedo Microsoft's purchase of Activision Blizzard. The issues are not merely distinguishable, but downright disparate: The first step in antitrust is always market definition. About half of Judge Davila's order is dedicated to that questio ..read more
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Indian startup association ADIF elaborates on why it doubts Google's compliance with Competition Commission of India's two Android antitrust rulings
FOSS Patents
by Florian Mueller
4d ago
This is a follow-up to a January 30, 2023 post, Indian startup association calls out 'Google's strategy to disincentivize ... alternative payment solutions' by making alternatives even more expensive on the bottom line. The Alliance for Digital India Foundation (ADIF), which unlike Google's "Developers Alliance" and Apple's ACT represents real app developers, has meanwhile "d[u]g deeper" and laid out with greater specificity what's wrong with the changes to its Android terms and practices that Google announced in its January 25, 2023 post, Updates to Android and Google Play in India. If you ar ..read more
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In so-called gamers' lawsuit over Activision Blizzard purchase, judge grants Microsoft's request to STAY depositions until after April 12 preliminary injunction hearing; merger not to close before May 1
FOSS Patents
by Florian Mueller
4d ago
Judge Jacqueline Scott Corley of the United States District Court for the Northern District of California just held a status conference with Microsoft's counsel and the lawyers behind the so-called gamers' lawsuit that is economically more of a lawyers' lawsuit over the $68.7 billion acquisition of Activision Blizzard King (NASDAQ:ATVI). I followed the Zoom conference, and these are the key results: Microsoft offered--as it had previously announced in a court filing--to stipulate not to consummate the transaction before May 1, and Judge Corley entered an order on the basis of that stipu ..read more
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Apple makes debatable claims concerning foreign investigations in answer to Brazil's antitrust authority CADE: investigation of Mercado Livre, Clique complaints
FOSS Patents
by Florian Mueller
4d ago
Last month it became known that Brazil's competition authority--Conselho Administrativo de Defesa Econômica (CADE), which translates as Administrative Council for Economic Defense--launched an antitrust inquiry into Apple's App Store terms and practices further to complaints by Latin American e-commerce companies Mercado Livre (in Spanish: Mercado Libre) and Clique. Brazil is becoming an increasingly important jurisdiction for patent and competition cases. Yesterday Apple filed its answers (PDF) to certain questions raised by CADE in a January 12 letter. CADE's question 2(b) was about the ..read more
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Thankless Sony is unwilling to comply with Federal Trade Commission's subpoena over Microsoft-ActivisionBlizzard merger, at least in its original form
FOSS Patents
by Florian Mueller
5d ago
This is counterintuitive. One would think that Sony's PlayStation chief Jim Ryan has a Lina Khan poster above his bed because the Federal Trade Commission (FTC) is doing him the favor of acting almost like a wholly-owned subsidiary of Sony Interactive Entertainment with respect to Microsoft's acquisition of Activision Blizzard King (NASDAQ:ATVI). At minimum, one would expect Sony to jump when the FTC asks for documents and testimony in connection with that merger case. Not so: On Wednesday, Sony filed a motion--which it says the FTC does not oppose--for an extension of time (PDF). Instead of m ..read more
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States, Epic Games et al. v. Google jury trial over app store rules scheduled for November 6--another major Google antitrust trial (first DOJ case) starts on September 12
FOSS Patents
by Florian Mueller
5d ago
"Remember, remember, the 5th 6th of November" (and the 12th of September): Judge James Donato of the United States District has formally approved a case schedule negotiated between Google and the Google Play Store antitrust plaintiffs (three dozen U.S. states, Epic Games, Match Group, and a consumer class action) and set the In Re Google Play Store Antitrust Litigation (case no. 3:22-cv-2746-JD, N.D. Cal.) jury trial in San Francisco for November 6, 2023. This means the trial will be interrupted by the Thanksgiving holiday (November 23), though it is unclear whether the trial will ..read more
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Nvidia has been subpoenaed by Activision Blizzard in FTC case, hopes to resolve disagreements over scope of discovery until February 13
FOSS Patents
by Florian Mueller
5d ago
Yesterday I reported that counsel for Nvidia entered an appearance in the FTC's in-house adjudicative proceeding, and the question was "whether those lawyers are going to try to support the FTC or whether the reason is just a discovery dispute." For now, there are no motions to intervene in accordance with 16 CFR § 3.14, but Nvidia's lawyers filed a motion on Monday that the PDF has made public now (PDF), seeking an extension until February 13 to move to limit or quash a subpoena served on Nvidia by Activision Blizzard on January 20. The motion says that Activision agrees to this extension of ..read more
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U.S. Department of Commerce releases report on Competition in the Mobile Application Ecosystem: more breadth than depth, pretty good but not first-rate
FOSS Patents
by Florian Mueller
5d ago
Today the Department of Commerce's National Telecommunications and Information Administration (NTIA) released its Competition in the Mobile Application Ecosystem report (PDF) and issued a press release, NTIA calls for Changes to Boost Competition in Mobile App Markets. The report was ordered by President Joe Biden, who stressed the need "to bring more competition back to the tech sector" in a recent Wall Street Journal op-ed. The press release says that--as the report itself notes--"new legislation and additional antitrust enforcement actions are likely necessary to boost competition in the ap ..read more
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