Wilus argues Samsung, Askey not entitled to FRAND terms after years of hold-out; attacks Samsung’s “surreptitious” circumvention of page limits

Context:

  • It was a major surprise when Korean research and licensing firm Wilus filed a motion for a permanent standard-essential patent (SEP) injunction last month in a WiFi dispute with ASUS subsidiary and router maker Askey, given that the last such injunction was granted almost 20 years ago (February 19, 2026 ip fray article). Wilus argued that research firms need SEP revenues to work on the next round of innovation, and not being able to do so to the full extent constitutes irreparable harm and raises concerns for the public interest. It also alleged that Askey had never meaningfully engaged over the years. The case is pending in the United States District Court for the Eastern District of Texas, with famous (in patent law circles) Judge Rodney Gilstrap presiding.
  • Samsung is also a defendant to the same case. HP is still listed but settled by taking a Sisvel WiFi 6 patent pool license (November 18, 2025 ip fray article). Sivel is also Wilus’s licensing representatives for bilateral licenses. Its WiFi 6 pool is very successful.

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WiFi patents must also be licensed by many automakers

A new WiFi pool, specifically for the automotive industry, was launched by Avanci this month with Mercedes-Benz as the first licensee (March 4, 2026 ip fray article).

Counsel

Wilus’s motion for a permanent SEP injunction against Askey was brought by Russ August & Kabat’s Marc A. FensterReza MirzaieDale ChangNeil A. RubinJacob BuczkoJonathan Ma, and Mackenzie Paladino; and Miller Fair Henry’s Andrea L. Fair.

Samsung is being represented by Fish & Richardson’s Ruffin Cordell, Aleksandr Gelberg, Bailey K. Benedict, Brendan McLaughlin, Bryan Cannon, Damien Thomas, James Young, John-Paul Fryckman, Michael J. McKeon, Payal Patel, Ralph A. Phillips, Rodeen Talebi, and Thomas H. Reger; Hilgers’s Jon Bentley Hyland; as well as Gillam & Smith’s Melissa R. Smith and Andrew T. (Tom) Gorham.

Askey is being represented by Finnegan’s Ming-Tao YangJeffrey Daniel Smyth, and other Finnegan attorneys.