On Tuesday, August 8, 2023, U.S. District Judge Cathy Ann Bencivengo held a hearing on McKool Smith client InterDigital’s motion to dismiss a chipmaker’s declaratory judgment complaint, which alleged breach of FRAND, anti-trust, and non-infringement of a patent. The case related to InterDigital’s 3G and 4G patent portfolio. Judge Bencivengo ruled in favor of InterDigital and dismissed the anti-trust claim with prejudice and the non-infringement claim without prejudice. She also dismissed the breach of FRAND claim but granted leave to amend. In doing so, she required the chipmaker to specifically identify which of their products are fully conforming with a cellular standard and which InterDigital essential patents they have to practice.
InterDigital is represented by Blake Bailey, James H. Smith and Eliza Beeney. More information can be found here.
