SEP Users Should Jettison Antitrust For Patent, Contract Law

By Erik Puknys and Michelle Rice (October 15, 2020, 6:03 PM EDT) -- The U.S. Court of Appeals for the Ninth Circuit's recent decision in Federal Trade Commission v. Qualcomm Inc.[1] was another major victory for patent holders in the world war over standard-essential patents.

The court found that the FTC had failed to establish that Qualcomm's alleged breach of its obligations to license SEPs on fair, reasonable and nondiscriminatory terms amounted to an antitrust violation.

Following similar reasoning, the U.S. District Court for the Northern District of Texas dismissed auto supplier Continental Automotives System Inc.'s antitrust claims against patent pool Avanci LLC and its telecom licensors.[2]

The FTC has asked the Ninth Circuit...

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