Knobbe Martens partner Stephen Larson was quoted in the IAM article, “Even frivolous FRAND-related antitrust actions risk hurting SEP holders,” regarding the ongoing dispute between Samsung and ZTE Corp. over standard-essential patents (SEPs). ZTE recently asked a federal court in California to dismiss Samsung’s antitrust claim, and the article explores how an antitrust suit may impact licensing negotiations.
In his comments, Larson weighed in on the use of antitrust claims against SEP holders. While courts dismiss weak SEP-related antitrust suits, Larson noted that some have been allowed to proceed when deceptive conduct is sufficiently alleged.
Larson emphasized that SEP holders should remain vigilant. “Deceptive tactics or overly aggressive conduct can invite antitrust trouble,” he warned.
Read the full IAM article here [subscription required].
