A Managing Intellectual Property article that includes comments from IP litigation partner Steven Pepe (New York) examines the role of the Seventh Amendment and the jury in intellectual property proceedings.
The Seventh Amendment right to a jury raises novel issues in fair, reasonable and non-discriminatory terms (FRAND) cases. While the U.S. Supreme Court recently denied cert in TCL Communication v. Ericsson, Steven notes that the Seventh Amendment issues in TCL could come up in future proceedings, especially as more FRAND cases emerge.
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