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In Managing Intellectual Property, Steven Pepe Advises Attorneys to Educate Juries on U.S. FRAND Rates

Practices: Intellectual Property, Intellectual Property Litigation, Patent Strategy, FinTech, Internet of Things, Technology, Media & Telecommunications, Standard Essential Patents, Hardware & Consumer Technology

The U.S. Supreme Court’s cert denial in TCL v. Ericsson means that juries instead of judges could determine fair, reasonable and non-discriminatory royalty rates. But if attorneys take the time to educate juries on FRAND issues, they will improve their odds of succeeding. 

In a Managing Intellectual Property article, IP litigation partner Steven Pepe (New York) explains that juries’ often lack experience with contracts, the law and FRAND matters that judges have. 

Steven notes that attorneys should be careful with their tone in FRAND demand letters and be aware of how they would come across if juries saw their letters.

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