Nvidia Receives ITC Setback Against Samsung and Qualcomm
Oct. 12, 2015 (Mimesis Law) — There is something about Fridays when it comes to news. The patent world is not immune, as an anticipated decision from an Administrative Law Judge (ALJ) in a closely-watched case filed by Nvidia against Samsung and Qualcomm in the International Trade Commission (ITC) came out Friday afternoon. During market hours, no less, though the market reaction was muted, perhaps based on the fact that Nvidia was expected to face a challenging result with respect to this case. While the actual decision did turn out against Nvidia, with two of their asserted patents found not-infringed, and a third infringed but invalid, the saving grace for the company is the fact that the ALJ’s decision needs to be endorsed by the full six-judge panel of the ITC to take effect.
Unsurprisingly, therefore, Nvidia was quick to put up a blog post and public statement confirming that it intends to continue the case in the ITC, and ask for a full commission determination that the patent found to be infringed is valid. If they are successful at that stage, then the possibility of a general or limited exclusion order – blocking importation of infringing products – comes back into play. Of course, the whole shebang will likely get appealed to the Federal Circuit regardless, absent some kind of settlement. As usual, this will continue to be a long process for investors to monitor.
Complicating matters is the fact that Samsung had previously filed an ITC case of its own against Nvidia, and there remains pending litigation in the District Court as well. All the hoopla suggests that the parties will remain locked in this patent dance for the foreseeable future. Unfortunately for Nvidia, it does not appear like the ITC is willing to reward the company’s first foray into patent assertion — at least at this point. Investors will want to see better results going forward, and we will be watching closely for additional developments.
Disclosures and Disclaimers:
Nothing in this material is intended to constitute legal or investment advice of any kind, nor is any of this material based on any non-public information of any kind. In addition to my work at Markman Advisors, I am also a name partner at a NYC-based intellectual property litigation boutique firm, Kroub Silbersher & Kolmykov PLLC (www.kskiplaw.com). Markman Advisors is affiliated with a Houston-based investment management firm, Perdix Capital Management, which may have existing or potential positions relating to situations discussed in this material. Markman Advisors also provides consulting services to buy-side investors, including hedge funds and family offices, that may also have or enter into positions relating to situations discussed in this material. Questions or comments can be directed to me at email@example.com. All suggestions are welcome.
Main image via Flickr/Gareth Halfacree