“[A] violation of contractual obligations including failing to negotiate on RAND terms does not of itself constitute exclusionary behavior [according to the DOJ].”
Yesterday, the U.S. Department of Justice (DOJ) filed a statement of interest (SOI) in an ongoing patent infringement case between consumer electronics giant Samsung and memory systems developer Netlist, which includes counterclaims by Samsung for violations of U.S. antitrust law. The SOI reiterates arguments made by the DOJ in other litigation involving standard essential patents (SEPs), asking the court to render its decision on Samsung’s antitrust claims in accordance with the fact that inclusion in a technical standard does not create a presumption that patent rights create market power.
Netlist and Samsung have been waging a patent battle in multiple fora with a recent pair of judgments in Netlist’s favor resulting in more than $420 million in damages for infringement being levied against Samsung. The present case targeted by the DOJ’s statement of interest was filed by Samsung on the last day of 2025, when it filed a sealed complaint in the District of Delaware including counterclaims against Netlist for violation of Section 2 of the Sherman Antitrust Act. Samsung argues that the inclusion of Netlist’s patents into technical standards for computer memory confers market power on Netlist, and that Netlist falsely represented to...
A man has filed a lawsuit against his ex-girlfriend, a longtime Detroit police officer, claiming she fabricated stalking charges that landed him in jail before the case was dismissed. In a 24-page,...