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G+ Dubs Imputation of “FRAND Misconduct” as “Trying to Throw a Skunk in the Jury Box”

January 1, 2024

Late last month, Eastern District of Texas Chief Judge Rodney Gilstrap denied a motion to continue trial between G+ Communications LLC and Samsung, currently set to begin at the end of January 2024. Samsung requested the continuation given scheduling conflicts with two of its witnesses, but Judge Gilstrap noted that trial has twice been postponed and that the defendant failed to raise any objection to the January start date at the last pretrial conference. Per the court, “[t]his case will proceed to trial in the January 22nd trial term” (emphasis the court’s). That pretrial conference focused, at least in part, on whether alleged “FRAND misconduct” of ZTE, the source of the patents here in suit, can be imputed to the plaintiff. Judge Gilstrap ordered supplemental briefing, which the parties have submitted, right through the last day of 2023.


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