ITC Investigation of Standard Essential Patents
In this International Trade Commission (ITC) investigation, Ericsson alleged that defendant Apple's iPad and iPhone infringed as many as 41 of its cellular technology patents. The patents included standard essential patents (SEPs) related to 2G, 3G, and 4G/LTE standards, as well as other patents critical to the features and functionality of Apple devices. Ericsson sought to ban the importation of Apple products – including the iPad, iPhone, and other cellular-enabled products – to the United States. On behalf of Apple, an Analysis Group team, including Senior Advisor Jeffrey A. Cohen and Managing Principal Divya Mathur, supported our affiliated expert, Austan Goolsbee, in assessing the impact of an import ban within the framework of the public interest factors considered by the ITC. Dr. Goolsbee submitted expert reports and opined on the impact of a potential injunction on US consumers and competition conditions in the US economy. The parties settled the matter.