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Pegasus, AT&T SEP row puts 'industry standard' NDA language in the hot seat

By Melissa Ritti ( June 23, 2025, 16:56 GMT | Insight) -- The viability of an AT&T breach of contract counterclaim lodged in response to a complaint by Pegasus Wireless Innovation over 4G and 5G standard essential patents could hinge on the meaning assigned by a Texas judge to boilerplate language in the parties’ nondisclosure agreement. With conduct during licensing negotiations facing increasing scrutiny, AT&T’s facial attack on the terms of the NDA — if successful — could open a new line of defense for those accused of SEP infringement.Efforts by Pegasus to shake US counterclaims by AT&T seeking a declaration Pegasus shirked its duty to offer licenses to its 4G and 5G technology on fair, reasonable and nondiscriminatory, or Frand, terms place the parties’ nondisclosure agreement, or NDA, front and center....

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