"In January 2024, EFF contacted Entropic and Charter requesting that both parties file motions establishing reasons to justify the ongoing secrecy of redacted documents regarding the DOCSIS standard and non-infringing alternatives. After a meet-and-confer that same month with all three parties was unfruitful, EFF moved to intervene in the case and unseal records in March 2024. That motion was denied as untimely by the Eastern Texas district court due to EFF's four-month delay in filing"
"In April 2022, Entropic sued Charter in Eastern Texas alleging patent infringement caused by Charter's cable modem and set-top boxes leased or sold to customers. Charter had argued that Entropic's asserted patents were essential to the Data Over Cable Service Interface Specification (DOCSIS) standard and were thus encumbered by licensing obligations. Both parties proceeded with summary judgment briefing filed in September 2023 under seal pursuant to a protective order,"
CAFC issued a nonprecedential ruling in Entropic Communications LLC v. Charter Communications affirming the Eastern District of Texas denial of EFF's permissive intervention. The court applied Fifth Circuit law on FRCP 24(b) and found EFF failed to timely move to unseal summary judgment briefs about infringement under the DOCSIS standard. Entropic sued Charter alleging patent infringement by cable modems and set-top boxes; Charter argued patents were essential to DOCSIS and subject to licensing obligations. Summary judgment briefing was filed under seal pursuant to a protective order, followed by public magistrate judge orders and a joint stipulation to dismiss. EFF's March 2024 intervention motion was denied as untimely due to a four-month delay.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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