5th Circ. Throws Out Antitrust Suit Over Mobile Patent Pool

By Andrew Karpan (March 1, 2022, 5:46 PM EST) -- The Fifth Circuit said an auto parts supplier doesn't have legal standing to pursue its antitrust battle against Nokia Corp. and other businesses over allegations they refused to directly sell Continental AG licenses to standard-essential patents covering cellular technologies.

The only thing the top judge in the Northern District of Texas got wrong when largely turning down the antitrust lawsuit lodged by the Detroit-based arm of Continental was finding that the German parts company even had a case, a panel of judges for the Fifth Circuit ruled Monday.

"There are no allegations that patent-holder defendants have sued or threatened to sue...

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