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Massachusetts Case over Patent Pool Dispute Removed to Federal Court

September 3, 2024

Another high-profile, international standard essential patent (SEP) dispute has taken a detour—albeit, a brief one—through US state law. In late July, HP filed suit in the Massachusetts Superior Court Business Litigation Session against Access Advance LLC, the administrator of patent pool HEVC Advance, and patent owners Dolby, Mitsubishi Electric, and Philips. The complaint alleges that the parties breached their commitments to license their SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms by failing to offer a lower rate accounting for HP’s existing rights to 70% of the pool’s patents, and by filing litigation in Germany and before the Unified Patent Court (UPC) in an improper attempt to force it to take a license. Among other claims for relief, the complaint seeks a declaratory judgment of the terms and conditions for a FRAND license to the remaining unlicensed patents. Now, the defendants have removed that case to the Federal District of Massachusetts.


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