New Fractus Suit against Samsung Seeks Expanded Royalty Base

March 4, 2013

Fractus SA filed a new complaint for patent infringement against Samsung (6:13-cv-00210), seeking an amended ongoing royalty rate to include include additional handset models not included in a prior judgment. In May 2011, Fractus was awarded $23.1 million from a jury that was later enhanced by a federal judge to include an additional $15 million award for willful infringement and finally an ongoing royalty rate of $0.60 for all of the handsets involved in the suit. On February 25th, Judge Leonard Davis denied a request from Fractus to include non-adjudicated handsets in the ongoing royalty rate and did so without prejudice. Fractus is a Spanish maker of antenna and related technology that sued ten handset companies in 2009.  (All but Samsung reached settlements with Fractus prior to trial.) 2/28, Eastern District of Texas.

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