US professors back injunction against Samsung's Chinese Frand action against Ericsson
( April 9, 2021, 22:31 GMT | Official Statement) -- MLex Summary: A group of 13 law, business, and political science professors told the US Court of Appeals for the Federal Circuit that it should affirm a district court’s injunction prohibiting Samsung from pursuing an action asking a Chinese court to determine a Frand royalty rate for Ericsson’s patents related to 4G and 5G. They said that Samsung's Wuhan proceedings against Ericsson illustrate a marked lack of due process and transparency. Additionally, they argued that the US case between the companies raises serious policy concerns for innovation, highlighting the negative consequences of unfairly tilted playing fields in the development and licensing of standardized technologies. “If the Wuhan court is permitted to enjoin the lawful proceedings in US district court, Samsung’s litigation tactic in this case will provide a roadmap for other implementers of [standard essential patents] to displace neutral adjudication of Frand disputes in favor of fora that pursue national political and economic policies at the expense of due process.”See document below. ...
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