Core Wireless Licensing v. Apple Inc., 17-2102 On August 16, 2018, the Federal Circuit vacated a district court’s decision that Core Wireless’s patents (assigned by Nokia) and asserted against Apple were not unenforceable. Apple argued that the patents were unenforceable under the theory of implied waiver due to Nokia’s participation in ETSI, a standards-setting organization (SSO) between 1997 and 1998. Nokia filed a Finnish patent application (which the patent-at-issue claimed priority to) while proposing its technology to the SSO. Nokia failed to disclose the Finnish application to the SSO. The Federal Circuit remanded the case to the District Court to decide whether the patentee benefited from the nondisclosure, stating “[i]t is possible to interpret the district court’s ruling as being based on the conclusion that, because Nokia’s proposal was not adopted, no inequitable consequence flowed from Nokia’s failure to disclose its patent application.”
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