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Fed. Circ. Hints At Remand In Dispute Over Evolved's Patent
Law360 (December 11, 2020, 8:09 PM EST) -- A remand may be in order for a district court that found a contractual covenant shielded Samsung, Microsoft and others from infringement suits over an Evolved Wireless patent but did not address whether the companies could be liable after the contract's termination, a Federal Circuit judge said Friday.
Samsung and the others said during the remote hearing Friday that arguments and evidence from Evolved Wireless LCC LTE that infringement from Jan. 1, 2019, onward should have been fair game because the contract containing a covenant not to sue was terminated Dec. 31, 2018, were rightly excluded by a Delaware federal judge because Evolved improperly raised them....