Stokd $NLST So much for Samsung's SEP/non-SEP arguments and the issue they made out of it...doesn't matter for their position and intents.
"1. Samsung argues that “when an SEP [standard essential patent] is incorporated into a standard, this confers market power on the SEP owner.” As the United States previously explained, “it is axiomatic that ‘a patent does not necessarily confer market power upon the patentee.’” That is true for SEPs as well, where “there should . . . be no presumption of market power simply because a patent has been incorporated into a standard, without an assessment of the alternatives to the standard and the contractual obligations and commitments the patent holder has undertaken under the SDO’s patent policy limiting any potential market power.” see also Kallay Speech (“As is the rule for all patents, there is no presumption of market power simply because a patent has been incorporated into a standard.”)." https://media.stocktwits-cdn.com/api/3/media/11534314/default.webp