CCIA Files Joint Amicus Brief Asking Court To Re-Hear Standard Essential Patents Case

BY Heather Greenfield
April 21, 2022

Washington – The Computer and Communications Industry Association was joined by The App Association, High Tech Alliance, and the Public Interest Patent Law Institute in filing a joint amici brief Wednesday evening with the U.S. Court of Appeals for the Fifth Circuit requesting that the Panel re-hear a case involving standard essential patents (SEPs) en banc. 

The brief comes in response to a February panel decision to dismiss antitrust allegations brought by Continental Automotive Systems (Continental) against Avanci, LLC, which argued that Avanci’s refusal to grant Continental licensure of SEPs violates Avanci’s obligation to license their SEPs on fair, reasonable, and non-discriminatory (FRAND) terms. If the panel decision is allowed to stand, consumers will experience increased prices and reduced access to products that incorporate standards-based features like Wi-Fi and 5G. 

The Computer & Communications Industry Association has advocated for tech policy that advances innovation, including high-quality patents, for 50 years. The following can be attributed to Josh Landau:

“When a company contributes its technology to a FRAND standard, like Avanci did, it promises to license related patents on Fair, Reasonable, and Non-Discriminatory terms.  Avanci broke that promise by refusing to license Continental so that it could make more money by licensing more profitable companies.  If the panel decision stands, SEP patent holders will see a green light to withhold licenses, harming competitors and consumers alike.” 

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