August 28, 2020

The Federal Circuit in Godo Kaisha IP Bridge 1 v. TCL Commc’n Tech. Holdings Ltd., No. 2019-2215, --- F.3d ---, 2020 WL 4459004 (Fed. Cir. Aug. 4, 2020), held that the essentiality of an alleged standard essential patent must be resolved by the trier of fact.  In this regard, if material disputes of fact exist as to whether the asserted claims are essential to all implementations of the standard at issue, then the issue must be resolved by the trier of fact.