Log in
E-mail
Password
Show password
Remember
Forgot password ?
Become a member for free
Sign up
Sign up
New member
Sign up for FREE
New customer
Discover our services
Settings
Settings
Dynamic quotes 
OFFON
  1. Homepage
  2. Equities
  3. Sweden
  4. Nasdaq Stockholm
  5. ERICSSON
  6. News
  7. Summary
    ERIC B   SE0000108656

ERICSSON

(ERIC B)
  Report
SummaryQuotesChartsNewsRatingsCalendarCompanyFinancialsConsensusRevisions 
SummaryMost relevantAll NewsAnalyst Reco.Other languagesPress ReleasesOfficial PublicationsSector newsMarketScreener Strategies

Telefonaktiebolaget LM Ericsson : Raiders Of The Lost Art

08/19/2020 | 06:13am EST

In Telefonaktiebolaget LM Ericsson ("Ericsson") v TCL Corporation,  ( "TCL"), 2017-2381, -2385 (Fed. Cir. Nov. 7, 2019), the Federal Circuit affirmed the PTAB's decision that canceled claims in an Ericsson patent that TCL challenged based on its subsidiary finding that a German journal article TCL presented was indeed prior art.  The decision is important because it offers guidance in assessing what type of evidence may be persuasive in a PTAB's assessment of the public accessibility of a journal article whose publication date is close to the challenged patent's critical date.

TCL filed two IPR petitions against Ericsson's U.S. Patent No. 6,029,052 ("patent") filed July 1, 1997. The patent is directed to receiving and processing wireless signals from communication systems operating over multiple frequency bands without requiring significant hardware duplication.  TCL challenged claims 13, 15, 16, and 18 of the patent as unpatentable over a journal article titled, "Multimodale Funktelefone" (translation: Multimodal Wireless Telephones), and published in the May/June 1996 issue of a German technical journal, "Ingenieur der Kommunikationstechnik" (translation: Engineer of Communications Technology).

The PTAB granted both petitions and consolidated the two proceedings.  During the consolidated proceeding, Ericsson argued that this journal article was not made publicly available until less than a year before the July 1, 1997, filing date of the patent and, as a result, could be antedated by Ericsson's invention date.  TCL replied asserting that the journal article was publicly accessible in several university libraries in Germany as of June 1996, more than one year before the patent's filing date (i.e., before the patent's critical date).  In support, TCL submitted a declaration from a librarian at the Library of the Technische Universität Darmstadt in Germany.  The declarant stated she worked at the Library in 1996 and had personal knowledge of library shelving records during this time, namely, records showing that the journal was catalogued and shelved with the call number "Tech Z Fe 57," and the index card recording the Library's accession of the journal and showing the Library's entry of the journal using the same call number.  The declarant also provided copies of the index card.  The declarant concluded that the journal was "inventoried by the Library on June 18, 1996 [and] was openly accessible for use to the public after a processing time of 1-2 days."  Slip Op. at 9. TCL supplied the declaration not with its petitions but during the consolidated proceeding. Ericsson objected to the belated presentation of the declaration, but the PTAB exercised its discretion to accept the declaration given Ericsson had ample opportunity address the merits of the declaration.

And based on the merits of the declaration, the PTAB agreed with TCL that the article was publicly accessible before the Ericsson patent's critical date.  The PTAB looked to Blue Calypso, LLC v. Groupon, Inc., 815, F.3d 1331,1348 (Fed. Cir. 2016), where the Federal Circuit confirmed that a publication is publicly available when "persons interested and ordinarily skilled in the subject matter or art exercising reasonable diligence can locate it ... .".  Applying this standard, the PTAB found that because the journal article in question "was housed in a library accessible to the public [and] published in a periodical that had been published for more than thirty years ... ," persons interested and ordinarily skilled in the subject matter exercising reasonable diligence could have located the journal issue in May or June 1996.  2017-2381, 2017-2385, at *9.  In turn, the PTAB found that the journal article was publicly available as of May or June 1996, more than one year before the Ericsson patent's filing date.  As a consequence, the PTAB found the challenged claims unpatentable over the article.

A publication is publicly available when "persons interested and ordinarily skilled in the subject matter or art exercising reasonable diligence can locate it ... ."

Ericsson appealed to the Federal Circuit, arguing that "precedent requires something more than simply shelving the document in a library."  Id.  The Federal Circuit disagreed.  Indeed, the Federal Circuit distinguished this case from those cases in which a single thesis was determined not to be publicly available because that thesis, while housed in a library, was not catalogued or indexed in a meaningful way.  Ericsson also argued that the index card is the only evidence of public availability and this index card is insufficient support for the Board's finding that the article was publicly accessible in May or June 1996.  The Federal Circuit disagreed with this argument as well, noting that Ericsson failed to provide any evidence to counter the librarian's declaration or to challenge the Library's records showing receipt and shelving of the article.

The Federal Circuit thus affirmed the PTAB's decision that the German article was publicly available more than one year before the Ericsson patent's filing date, and, in turn, the challenged claims were unpatentable over that article.

Originally published by Marshall Gerstein, August 2020

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Ms Kristina Bencak
Marshall, Gerstein & Borun LLP
233 South Wacker Drive
6300 Willis Tower
Chicago
IL 60606-6357
UNITED STATES
Tel: 312474 6300
Fax: 312474 0448
E-mail: marshall.gerstein.borun@marshallip.com
URL: www.marshallip.com

© Mondaq Ltd, 2020 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com, source Business Briefing

All news about ERICSSON
05:11aEricsson Sets Up Network Operations Center For Malaysia's 5G Network
MT
04:22aTelstra deploys industry-first Ericsson Private 5G for enterprise
AQ
04:22aEricsson Malaysia establishes dedicated Network Operations Centre for DNB's 5G Network
AQ
01/21Investor's Net Asset Value Jumps 41% in 2021 As Low Interest Rate Environment Uplifts R..
MT
01/21Investor AB Raises Dividend After Investments Generated 4Q Shareholder Return of 21%
DJ
01/21Year-End Report 2021
AQ
01/20Zain Kuwait selects Ericsson to upgrade Business Support Systems (BSS) to support 5G St..
AQ
01/19MARKETSCREENER’S WORLD PRESS REVIEW : January 19, 2022
01/19Ericsson sues apple for 5g wireless patents
AQ
01/18Ericsson Sues Apple Over Patent Infringement -- Update
DJ
More news
Analyst Recommendations on ERICSSON
More recommendations
Financials
Sales 2021 230 B 24 852 M 24 852 M
Net income 2021 18 888 M 2 041 M 2 041 M
Net cash 2021 41 322 M 4 465 M 4 465 M
P/E ratio 2021 17,7x
Yield 2021 2,07%
Capitalization 334 B 35 935 M 36 121 M
EV / Sales 2021 1,27x
EV / Sales 2022 1,19x
Nbr of Employees 102 203
Free-Float 89,6%
Chart ERICSSON
Duration : Period :
ERICSSON Technical Analysis Chart | MarketScreener
Full-screen chart
Technical analysis trends ERICSSON
Short TermMid-TermLong Term
TrendsBullishNeutralBearish
Income Statement Evolution
Consensus
Sell
Buy
Mean consensus OUTPERFORM
Number of Analysts 22
Last Close Price 100,36 SEK
Average target price 124,03 SEK
Spread / Average Target 23,6%
EPS Revisions
Managers and Directors
Erik B÷rje Ekholm President, Chief Executive Officer & Director
Carl Mellander CFO, Senior VP & Head-Group Function Finance
Ronnie Leten Chairman
Erik Ekudden Chief Technology Officer & Senior Vice President
Xavier Dedullen Secretary, Chief Legal Officer & Senior VP
Sector and Competitors
1st jan.Capi. (M$)
ERICSSON3.10%37 341
CISCO SYSTEMS, INC.-10.56%239 054
MOTOROLA SOLUTIONS, INC.-12.70%40 061
ARISTA NETWORKS, INC.-17.47%36 453
FOXCONN INDUSTRIAL INTERNET CO., LTD.-3.61%36 383
NOKIA OYJ-9.58%32 278