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All eyes look to the UPC for highly anticipated Huawei, Netgear judgment

By Inbar Preiss ( December 17, 2024, 18:49 GMT | Comment) -- A ruling tomorrow on whether Netgear infringes Huawei’s standard essential patent will mark the Unified Patent Court's latest opportunity issue a fair licensing determination. Netgear argues that Huawei’s patent rights over WiFi 6 chips are exhausted due to a licensing agreement with Qualcomm, while Huawei contends that not all accused devices fall under the Qualcomm arrangement. The UPC Munich Local Division decision on exhaustion could set a precedent on limiting patent holders' control after a lawful sale.Huawei’s dispute with Netgear over alleged standard essential patents marks the next chance for the Unified Patent Court to chart new territory, this time on the intersection of fair licensing agreements with the affirmative defense of patent exhaustion....

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