On July 23, 2014, Judge James Holderman issued an Order to Show Cause and Jury Verdict in Fujitsu v. Tellabs, Consolidated C.A. Nos. 1:09-cv-04530, 1:12-cv-03229, 1:13-cv-04991 (N.D. Ill.), where a jury found that Tellabs proved Fujitsu agreed it was willing to grant a license of Fujitsu’s ‘737 patent on FRAND terms in compliance with the International Telecommunication Union’s (“ITU”) Patent Policies; that Fujitsu’s ‘737 patent is essential to one or more of the ITU’s recommended standardized technology specifications; and that Fujitsu willfully breached its agreement that it was willing to grant a license of Fujitsu’s ‘737 patent’s technology on FRAND terms by, inter alia, not offering to grant Tellabs a license on FRAND terms and filing a lawsuit against Tellabs seeking injunctive relief based on alleged infringement of the ‘737 patent.  The Order requires Fujitsu to show cause why the ‘723 patent should not be held by the Court to be unenforceable as to Tellabs.  Fujitsu filed a Response to the Court ‘s Order on August 18, asserting that “patent unenforceability is a remedy that has never before been invoked against a patent owner in Fujitsu’s situation – and for good reasons….Setting new precedent to the contrary would cast a chill over the willingness of patent owners to participate in SSOs.”  Tellabs’ response is due September 8, with a status conference scheduled for September 23, 2014.