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Mueller says it marks one of the most commercially impactful rulings in the UPC’s history regarding SEPs.
However, Mueller says the court has historically been skeptical of such defenses unless supported by strong evidence.
Patent exhaustion, which Netgear hoped would protect devices using Qualcomm chips, has limited applicability.
The ramifications extend beyond Netgear, as the decision reinforces the UPC’s stance on SEPs and FRAND obligations.
Netgears rejection of a pool license, combined with its litigation strategies, has not helped its position.
