Mere Silence Does Not Trigger Implied Waiver Outside Standards Setting Organization Context

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.)