The court denied plaintiff's motion for summary judgment that defendant's claims regarding its remote control patents were barred by implied waiver. "[Plaintiff] points to no law dictating that silence outside of the SSO [Standard Setting Organization] context is 'so inconsistent' with intent to enforce. In light of other courts imposing significant barriers to establish a duty to disclose in the SSO context and thus waiver, the Court finds no reason to find the alleged facts here establish a duty outside the SSO context. Nor does the Court find the conduct taken as a whole to be 'so inconsistent' as to constitute a waiver as a matter of law."
Universal Electronics Inc. v. Logitech Inc., et. al., 8-11-cv-01056 (CACD May 9, 2012, Order) (Selna, J.)