5th Circ. Unpublishes Patent Pool Order, With Same Result

By Bryan Koenig (June 21, 2022, 10:06 PM EDT) -- After withdrawing its finding that an auto parts supplier lacked standing to bring antitrust claims against Nokia and other cellular IP owners, the Fifth Circuit on Tuesday simply affirmed a lower court ruling tossing Continental AG's suit for trying to conflate a contract dispute into a competition law violation.

Earlier this month, the Fifth Circuit pulled its original 14-page decision in which the panel had said the Detroit-based arm of Continental AG wasn't just trying to bring antitrust claims against a contract issue, as the district court had found, but that Continental didn't even have standing to sue.

In a new order issued...

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