California FRAND Ruling Deprived Ericsson of Right to Jury Trial, Holds Federal Circuit

  • December 8, 2019
  • Category: Patent Litigation Feature
    Market Sector: Mobile Communications and Devices

The Federal Circuit has reversed and remanded a notable ruling on fair, reasonable, and non-discriminatory (FRAND) patent licensing in TCL v. Ericsson. In a December 5 opinion, the appeals court overturned a Central District of California decision that offers made by Ericsson to mobile device maker TCL had purportedly not been FRAND and that set the terms of a FRAND license. That lower court decision, held the Federal Circuit, had deprived Ericsson of its constitutional right to a jury trial by deciding a key license term from the bench. As a result, the Federal Circuit declined to revisit the district court’s underlying FRAND analysis. The overturned decision is just the fourth US ruling in which a court has determined a FRAND rate for a portfolio of standard essential patents (SEPs).


Access to the full article is currently available to RPX members only. Please contact us if you need further information.



×
×

Thank you for your feedback

×
×