I am always looking for signs that the anti-assertion pendulum is swinging back.
The first material evidence came last year when the US Trade Representative, acting on behalf of the Obama administration, upheld the ITC’s exclusion order against Samsung due to the fact that Samsung, in its capacity as potential licensee of certain AAPL patents, failed to negotiate in good faith, i.e., “held out.
On Monday, Marvell Technology (MRVL) shareholders filed a class action against the company claiming the company’s officers willfully harmed MRVL by refusing to license the patents that led to the $1.5 billion damages award in the Carnegie Mellon (CMU) litigation. The complaint alleged the company’s leadership knew they were infringing CMU’s patents but continued to infringe anyway, costing MRVL billions in damages and at least $300 million in litigation costs.
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