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Counsel Deirdre Fox and Jamal Edwards spoke about Huawei Technologies’ recently filed patent infringement suit against Samsung and explained standard essential patents in smartphone conflicts for the ALM publication Legaltech News.
Fox noted that areas involving standard technology “are ripe for increased litigation” because of the sparseness of court guidance on a fair, reasonable and non-discriminatory (FRAND) royalty and filing suit is “one way back to the negotiating table” when would be licensees disagree over what constitutes a reasonable licensing fee.
Edwards explained that “when disputes aren’t trending toward a license” filing of a patent case “can provide the necessary impetus to revisit a licensing discussion, pointing out that “most patent infringement suits are resolved by settlements, which typically includes a license of some sort, or covenant, not to sue.”
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