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ARTICLE · 07 JULY 2022

5th Circuit Confirms Avanci SEP Pool Is Safe: No Antitrust Issue With Avanci's Pool

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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Avanci's pool retains its 5th Circuit win, in a slightly different way, after an unusual turn of events where the panel rescinded its prior opinion and issued a new one.

United StatesIntellectual Property
Daniel Weinger
Daniel Weinger
Michael Renaud
Michael Renaud
Bruce Sokler
Bruce Sokler
James J. Thomson
James J. Thomson
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Avanci's pool retains its 5th Circuit win, in a slightly different way, after an unusual turn of events where the panel rescinded its prior opinion and issued a new one. The new opinion affirms the district court's ruling that Continental failed to state a claim under the Sherman Act (antitrust laws) thereby dismissing the case. The original opinion found that Continental lacked standing to pursue its claims because it was not a third party beneficiary of the standard setting organization contract. Although the new ruling leaves some questions unanswered in the long-running dispute between a would-be implementer (Continental) and holders of standard essential patents (SEPs), the opinion rejects applying the antitrust laws in the SEP/FRAND context.

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