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Fifth Circuit Affirms Jury Verdict on Willing Licensee FRAND Commitment

The US Court of Appeals for the Fifth Circuit affirmed a jury verdict finding that a standard essential patent (SEP) owner did not breach its commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND)...more

Texas Court Declares Licensing Offer Based on End Device Is FRAND, Diverges from California Court in Qualcomm

Standard-essential patent holders and implementers may face uncertainty regarding licensing practices following a May 23 Texas court ruling. In the ruling, a Texas federal judge reached a conclusion different from a recent...more

Circuits Play Jurisdictional Hot Potato with Walker Process Claim

A game of “hot potato” between the US Courts of Appeals for the Federal and Fifth Circuits has been resolved, ending a disagreement over the scope of the Federal Circuit’s jurisdiction. After a patent infringement defendant...more

Federal Jury Finds that Ericsson’s Licensing Offer to HTC is FRAND

On February 15, a Texas federal jury found that Ericsson did not breach its obligation to offer HTC licenses to its standard-essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms. The verdict ended...more

District Court: IPR Policy Does Not Automatically Require License Fees Based on Components

The US District Court for the Eastern District of Texas ruled that for the purposes of honoring a fair, reasonable and non-discriminatory (FRAND) commitment, a pool member is not required to base royalties for its standard...more

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