2 out of 3 for Ericsson as ITC judge allows amended infringement argument, denies eHealth- and Watch-related Apple motion, but declines to throw out patent misuse defense: non-SEP case

The smallest one of Ericsson’s three USITC cases against Apple–investigation no. 337-TA-1301–is also the nimblest, which is attributable not only to its scope, but equally to Administrative Law Judge (ALJ) Cameron Elliot’s efficiency and decisiveness.The case, which for the avoidance of doubt doesn’t involve standard-essential patents (SEPs), shrank this week as Ericsson dropped all of the asserted claims of one of the originally three patents-in-suit, and most of the asserted claims of another patent-in-suit. That was unsurprising in light of a claim construction order that identified indefiniteness issues with some claim limitations. And it was equally unsurprising that ALJ Elliot…

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