DALLAS, September 11, 2020 – A judge in the U.S. District Court for the Northern District of Texas has dismissed with prejudice federal claims against Baker Botts client Conversant Wireless Licensing S.á.r.l. and other defendants in a lawsuit brought by Continental Automotive Systems.
The lawsuit alleged that Conversant and other technology companies conspired to inflate licensing rates for cellular connectivity technology through their participation in the Avanci licensing platform. The case was transferred from the Northern District of California in December 2019.
Continental claimed the companies refused to license their standard essential patents covering cellular connectivity technology to auto part component suppliers on Fair, Reasonable, and Non-Discriminatory (FRAND) terms, instead licensing only to OEMs, and thus, allegedly resulting in excessive royalty rates.
Chief Judge Barbara Lynn, agreeing with defendants that Continental had failed to plead antitrust standing and finding Continental’s conspiracy claims “legally untenable,” dismissed all federal claims with prejudice and declined to exercise jurisdiction over the state law claims.
The Baker Botts team was led by James Kress from the Washington, D.C. office and included Peter Huston from the San Francisco office, Harrison Rich from the Dallas office, and Nathan Chubb and Andrew Lucarelli, also from the Washington office.
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