Monopoly Suit Revived Over Panasonic SD Cards

     (CN) – The 9th Circuit on Friday revived Samsung’s claim that Panasonic illegally discouraged competition in the market for SD cards, a memory format short for secure digital.
     Panasonic led the development of the SD card flash-memory format in 1999 and created the SD Group with its allies that year to promote the product.
     Since 2003, that group has required outside manufacturers to pay a 6 percent royalty for the right to make and market the product, which has become ubiquitous in cellphones and most other mobile electronics.
     In a 2010 antitrust lawsuit, Samsung alleged that Panasonic’s 2006 amended licensing agreement for the right to manufacture second-generation SD cards was anticompetitive.
     Panasonic and its cohorts countered that they were a patent pool rather than a monopoly.
     U.S. District Judge Jeffrey Wright never reached the merits of the case, however, because the San Francisco judge found that Samsung had missed the four-year statute of limitations for antitrust complaints.
     Giving new life to the complaint Friday, a three-judge appeals panel said Samsung met the statute of limitations by alleging a “continuing violation” by the defendants.
     While Panasonic argued that the 2006 licensing agreement and fee structure had merely restated the terms of a previous contract, the panel saw them as “overt acts that restarted the statute of limitations.”
     The appeals panel remanded the case for a hearing on the plaintiff’s antitrust and state-law claims.

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