In Managing IP, Steven Pepe Examines the Impact of a Patent Licensing Pool Case Dismissal

In a Managing Intellectual Property article, IP litigation partner Steven Pepe (New York) examined the impact of an antitrust lawsuit against patent licensing pool Avanci in the U.S. District Court for the Northern District of Texas. 

Steven explained that the Continental Automotive Systems Inc. v. Avanci case shows that these licensing issues are not grounded in antitrust law. He notes the court was clear that if there were any claims in this case, they should have been brought as a breach of contract or fair, reasonable, and non-discriminatory (FRAND) rules, not antitrust law.

Steven said the ruling is based in part on semiconductor maker Qualcomm’s victory over the U.S. Federal Trade Commission, finding that Qualcomm’s standard-essential patent model was not anti-competitive. Steven adds that the U.S. Department of Justice said the licensing practices and structure of Avanci did not raise antitrust concerns.