Intel recently sued Fortress for antitrust violations based upon its alleged monopolistic aggregation of patents. Intel’s allegations mirror those by Capital One against Intellectual Ventures, which were recently rejected by the Federal Circuit. Over the past several years, any patent assertion has had to contend with certain expected defenses: Alice, IPRs, threats of Octane Fitness. Are antitrust counterclaims the next trend?
Read MoreIt’s rare that patents make the mainstream news, and even more rare that one company’s allegation of patent infringement touches—even remotely—on issues of national security. Yet, that appears to be happening with U.S. Senator Marco Rubio’s proposed legislation to block Huawei from seeking relief for infringement of its granted U.S. patents. There isn’t really much precedent for legislating that a certain set of patents are unenforceable. Can this really happen?
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