On Friday, July 26, 2013, Judge James Holderman of the U.S. District Court for the Northern District of Illinois issued the first Opinion that “addressed the question of whether asserted patent claims are standard-essential.”  In re Innovatio IP Ventures, LLC Patent Litigation, 2013 WL 3874042, *27 n. 2 (N.D. Ill. 2013).  Plaintiff and patent holder Innovatio was subject to a FRAND commitment based on Letters of Assurance provided by Innovatio’s predecessors to license patents believed to read on devices operating under the 802.11 WLAN standard.  The Court held that the bylaws of the SSO at issue, IEEE, included language that “plainly contemplate that some claims but not others in a particular patent may be standard-essential.”  The Court further held that, under the IEEE bylaws, “[to] prove that a patent claim is standard-essential, an accused infringer must establish by a preponderance of the evidence that (1) at the time of the standard's adoption, the only commercially and technically feasible way to implement a particular mandatory or optional portion of the normative clauses of the standard was to infringe the patent claim; . . . and (2) the patent claim includes, at least in part, technology that is explicitly required by or expressly set forth in the standard (i.e., that the patent claim does not recite only Enabling Technology).”  Id. at *10.