DOJ Again Pushes Back Against Antitrust Claims Filed Over Allegations of SEP Abuse, False RAND Promises
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DOJ Again Pushes Back Against Antitrust Claims Filed Over Allegations of SEP Abuse, False RAND Promises
"The U.S. Department of Justice (DOJ) filed a statement of interest in an ongoing patent infringement case between consumer electronics giant Samsung and memory systems developer Netlist, which includes counterclaims by Samsung for violations of U.S. antitrust law."
"Samsung argues that the inclusion of Netlist's patents into technical standards for computer memory confers market power on Netlist, and that Netlist falsely represented to the standard developing organization (SDO) that it would license its essential patents on reasonable and nondiscriminatory (RAND) terms."
"The DOJ reiterates arguments made in other litigation involving standard essential patents (SEPs), asking the court to render its decision on Samsung's antitrust claims in accordance with the fact that inclusion in a technical standard does not create a presumption that patent rights create market power."
The U.S. Department of Justice filed a statement of interest in a patent infringement case between Samsung and Netlist, addressing Samsung's antitrust claims. The DOJ argues that inclusion in a technical standard does not imply market power from patent rights. Samsung's counterclaims allege that Netlist's patents grant it market power and that Netlist misrepresented its licensing terms. The DOJ's position aligns with previous cases involving standard essential patents, emphasizing that RAND commitments can limit market power under antitrust analysis.
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