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Akin Gump Strauss Hauer & Feld LLP

Redacted Settlement Offers Are Admissible to Show Industry Practice for FRAND Negotiations

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In advance of a new trial to determine damages for patent infringement, a district court denied plaintiff’s motion to preclude defendants from introducing the terms of plaintiff’s settlement offers. The district court...more

Mintz - Intellectual Property Viewpoints

The Second Time’s a Charm: In New Damages Trial, Texas Jury More than Doubles Lump-Sum Award Against Samsung for Infringing Two...

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On April 17, 2024, a second Texas jury assessed damages of $142 million against Samsung, more than doubling a previous jury award of $67.5 in a protracted standard essential patent (SEP) litigation brought by G+...more

Akin Gump Strauss Hauer & Feld LLP

EDTX: Bad Faith FRAND Negotiations Warrant Suspension but Not Revocation of Parties’ Obligations Under French Law

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The Eastern District of Texas recently addressed two significant issues related to fair, reasonable and non-discriminatory (FRAND) negotiations under French law; namely, whether: (1) an implementer is entitled to damages...more

Mintz - Intellectual Property Viewpoints

It Takes Two to Tango: Gilstrap Frames Implementer Holdout as Bad Faith Justifying “Suspension” of SEP Licensing Discussions

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Innovators have long insisted that licensing discussions over standard essential patents (SEP) are one sided: implementers often “hold out” in bad faith by delaying discussions for as long as possible. The theory driving this...more

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