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ARTICLE · 18 SEPTEMBER 2020

Another One Bites The Dust – N.D. Tex. Dismisses Antitrust Claims Re FRAND Commitments With Prejudice

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems...

United StatesAntitrust/Competition Law
Michael Renaud
Michael Renaud
Joseph M. Miller
Joseph M. Miller
Adrian Kwan
Adrian Kwan
Philip C Ducker
Philip C Ducker
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In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. ("Continental") alleging, inter alia, violations of §§ 1 and 2 of the Sherman Act, and declaratory judgment as to FRAND obligations against Avanci, LLC ("Avanci") and various members of its patent pool (collectively, "Defendants").

Continental originally filed suit on May 10, 2019 in the Northern District of California seeking an anti-suit injunction against various Defendants, several of which have pending patent infringement suits against Daimler AG, one of Continentals' customers, in Europe. The Defendants filed motions to dismiss and to transfer venue to the Northern District of Texas. After extensive briefing, Judge Lucy Koh granted the motion to transfer to the Northern District of Texas on December 11, 2019. The Defendants then renewed their motions citing to

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