Anthony S. Ferrara
A Healthy Dose of Seeds: Unique Combination Trade Secrets Entitled to Protection
By Anthony S. Ferrara on Nov 29, 2022
Posted In Trade Secrets
The US Court of Appeals for the Sixth Circuit upheld a jury verdict finding a dietary supplement company liable for misappropriating another company’s research and development (R&D) related to broccoli-seed extract. Caudill Seed & Warehouse Co., Inc. v. Jarrow Formulas, Inc., Case No. 21-5354 (6th Cir. Nov. 10, 2022) (per curiam) (Moore, J., concurring in...
Fifth Circuit Affirms Jury Verdict on Willing Licensee FRAND Commitment
By Lisa P. Rumin and Anthony S. Ferrara on Sep 30, 2021
Posted In Patents
The US Court of Appeals for the Fifth Circuit affirmed a jury verdict finding that a standard essential patent (SEP) owner did not breach its commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms. The ruling establishes not only that willing licensee disputes can be subject to jury adjudication, but also that...
Standard Essential Patent Licensing Practices Do Not Violate Antitrust Laws
By Anthony S. Ferrara and Lisa P. Rumin on Aug 26, 2020
Posted In Antitrust
The US Court of Appeals for the Ninth Circuit vacated a district court decision that found Qualcomm’s patent licensing practices violate antitrust laws and reversed a permanent, worldwide injunction against several of Qualcomm’s business practices. Fed. Trade Comm’n v. Qualcomm Inc., Case No. 19-16122 (9th Cir. Aug. 11, 2020) (C.J. Callahan). Qualcomm sells modem chips...
District Court Violated Ericsson’s Right to Trial by Jury in Setting FRAND Rate
By Anthony S. Ferrara on Jan 8, 2020
Posted In Patents
The US Court of Appeals for the Federal Circuit vacated a district court decision setting license rates for standard-essential patents (SEPs), holding that the district court deprived the patent owner of its constitutional right to trial by jury. TCL Commc’n Tech. Holdings Ltd. v. Telefonaktiebolaget LM Ericsson, Case Nos. 8-1363, -1732 (Fed. Cir., Dec. 5,...