Patent Litigation, Appeals, Good Faith

UK Court of Appeal Provides Guidance on Interim Licenses in Latest FRAND Dispute

Jones Day on 3/14/2025

The United Kingdom's Court of Appeal has issued an important decision on the principles governing the grant of interim licenses in standard essential patent ("SEP") disputes....more

Hit the Brakes: Experimental Use, Enhanced Damages Determinations Require Redo

McDermott Will & Schulte on 5/12/2022

The US Court of Appeals for the Federal Circuit reversed and remanded a district court decision regarding experimental use under 35 U.S.C. § 102(b) and the application of enhanced damages based on an allegedly flawed...more

Patent Invalidity Doesn’t Demonstrate Good Faith for Consent Order Violation

McDermott Will & Schulte on 3/10/2022

The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (ITC) decision upholding a civil penalty for violating a consent order based on a patent that was later found to be invalid...more

Dutch Court of Appeal gives further guidance on FRAND license negotiations

Hogan Lovells on 7/11/2019

The Court of Appeal of The Hague has again given guidance on the interpretation of the CJEU decision in Huawei v ZTE and the standards for assessing FRAND defences under Dutch law. In its decision of 2 July 2019, less than...more

What is a RAND Licensing Rate? The Ninth Circuit Weighs in.

Morrison & Foerster LLP on 8/5/2015

July has just ended, and SEP and FRAND issues are in the air. On July 8, the Japan Fair Trade Commission (JFTC) sought public comments on its proposed amendments to its Guidelines for the Use of Intellectual Property under...more

Supreme Court to Consider Scope of “Good Faith” Belief and the Intent Requirement of § 271(b)

McDermott Will & Emery on 1/20/2015

Commil USA v. Cisco Systems - Earlier this year, the U.S. Court of Appeals for the Federal Circuit ruled that a good-faith belief that a patent is invalid may negate the element of intent required to prove induced...more