Samsung patent case: Nvidia to seek review of US judge’s determination

In the next step in the patent infringement lawsuit against Samsung, Nvidia will seek a review by the six commissioners of the US International Trade Commission (ITC) on what the judge determined, and confirm the judgment of the US Patents Office.

Earlier this month, the judge had determined that two patents had not been infringed, while the third was infringed be termed to be invalid.

“The challenge when you take legal action is that it is not completely in your control; patents are complicated, lawyers are not technologists and the judge is definitely not a technologist. The ITC is not a technology evaluation entity. It is a business entity,” Jen- Hsun Huang, President and CEO, Nvidia, said.

He was speaking to reporters at a new expanded development centre at Pune.

“The judge is one person who listens to lawyers and makes a determination – not a ruling - to the commission. This may be right or wrong. In this case the judge determined that there were two patents that were not infringed. There was one patent that was infringed but he determined to be invalid,” he explained.

“We have to now go and explain it to commission why we feel differently. Sometimes it reverses the position of the judge, sometimes it accepts position of judge. It is only when the Commission ultimately rules that at the end of the ITC process. Then it goes to the President of the US for a final call. Our job is to make the Commission understand how and why we differ with the administrative judge on his determination,” Huang said, adding that there will be no implications of the case on the company’s financials.

If the ruling goes in Nvidia’s favour, an order precluding Samsung from importing into the US infringing Samsung mobile devices and smart TVs would be issued.

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