Continental v. Avanci: The Fifth Circuit Confirms the Fallacy of “Compulsory License-to-All”

In its February and June 2022 Continental v. Avanci decisions, the Court of Appeals for the Fifth Circuit affirmed, and then reaffirmed, dismissal of Continental’s alleged antitrust claims against the licensing program of the Avanci’s standards essential patents (“SEP”) platform and some of its member licensors. The new decisions follow similar analyses by the Court of Appeals for the Ninth Circuit, District Court for the Eastern District of Texas, and the U.S. Department of Justice Anti