In an Intellectual Property Management (IAM) article, IP litigation partner Kevin Post (New York) examines the impact of the Fifth Circuit Court of Appeals decision that Ericsson did not breach its obligation to offer telecom rival HTC licenses to its 2G, 3G and 4G wireless patents on fair, reasonable and nondiscriminatory (FRAND) terms.
Kevin explains that the US legal system is unique compared to other nations in that juries decide FRAND disputes. He notes that the Fifth Circuit ruling might give standard-essential patent owners comfort about litigating FRAND disputes in the US, rather than in countries such as the UK and Germany, along with information on how they may position themselves in negotiations or litigation.
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