Fifth Circuit Antitrust Ruling Misinterprets FRAND's Purpose

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The U.S. Court of Appeals for the Fifth Circuit recently held in Continental Automotive Systems Inc. v. Avanci LLC that Continental lacked Article III standing to pursue antitrust claims.

Continental alleged that the defendants' refusal to offer patent licenses to component manufacturers breached commitments they made to standard-setting organizations, or SSOs, to license their patents on fair, reasonable and nondiscriminatory, or FRAND, terms.

Originally published in Law360 - May 3, 2022.

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