Samsung Asks Fed. Circ. To Undo Gilstrap's FRAND Ruling

Law360 (February 23, 2021, 7:55 PM EST) -- Samsung is urging the Federal Circuit to wipe out U.S. District Judge Rodney Gilstrap's decision to bar it from having a dispute with Ericsson over patents essential to the 4G and 5G wireless standards heard exclusively in China.

Samsung's opening brief on Monday comes after the Texas judge issued a preliminary injunction that maintained his right to hear a dispute claiming Samsung refused to accept a fair, reasonable and nondiscriminatory, or FRAND, rate offered by Ericsson when renegotiating a cross-license agreement, though he didn't fully stop a Chinese court from doing the same.

Samsung said that Judge Gilstrap's "anti-anti-suit injunction" was...

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