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Broadcom: A request for RAND license terms satisfies Gunn v. Minton

By Melissa Ritti ( December 6, 2024, 20:42 GMT | Insight) -- Broadcom Inc. and two subsidiaries are making their case for why a recent complaint by Realtek should not be remanded to the Delaware Court of Chancery. The defendants say that a request for a judicial declaration of reasonable and nondiscriminatory, or RAND, terms to various Broadcom standard-essential patents, or SEPs, gives rise to federal jurisdiction. Realtek counters in a letter of its own that because those same SEPs are European, they “by definition” cannot raise an issue of US patent law.The standard for assessing federal “arising under” jurisdiction articulated by the US Supreme Court in Gunn v. Minton is satisfied by a state court complaint from Realtek which seeks, among other things, a declaration of reasonable and nondiscriminatory, or RAND, license terms and an injunction halting foreign patent-infringement proceedings against Tesla....

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