A recent development could pose a significant challenge for Lenovo in defending against patent infringement allegations brought by Ericsson at the US ITC and is a warning for product makers implementing standards. In its post-trial brief, the ITC’s Office of Unfair Import Investigations (OUII), concluded that patentee Ericsson had met its FRAND licensing obligations. But OUII also expressed dissatisfaction with Lenovo’s conduct, recommending that the ITC should not delay an exclusion order against Lenovo products because it had “delayed resolving the parties’ licensing issues through negotiations.”

Per Xsensus’ Scott Daniels, “Poor FRAND negotiation behavior could come back to haunt a company in later litigation. It’s like legal karma.”

Read the IAM article here >