CCIA, App Association Ask Court to Rehear SEP Case

If the U.S. Court of Appeals for the 5th Circuit doesn’t rehear an antitrust case involving standard essential patents (SEPs), it will harm consumers and access to Wi-Fi and 5G products, tech groups argued Wednesday in 20-11032. Continental Automotive Systems sued Avanci in 2020, arguing the latter’s refusal to sell an SEP license on fair, reasonable and nondiscriminatory (FRAND) terms is a violation of antitrust law. The Computer and Communications Industry Association, the App Association, High Tech Alliance and the Public Interest Patent Law Institute signed a joint amici brief asking the court to allow the lawsuit to proceed. The 5th Circuit is reviewing a February panel decision dismissing the claim. Avanci broke its promises under FRAND terms so “that it could make more money by licensing more profitable companies,” said CCIA Patent Counsel Joshua Landau. “If the panel decision stands, SEP patent holders will see a green light to withhold licenses, harming competitors and consumers alike.”