Early last December, the Federal Circuit overturned a Central District of California decision that offers made by Ericsson to mobile device maker TCL had purportedly not been fair, reasonable, and non-discriminatory (FRAND) and that set the terms of a FRAND license. That lower court decision, held the Federal Circuit, deprived Ericsson of its constitutional right to a jury trial by deciding a key license term from the bench, and now, upon remand, District Judge James V. Selna has cleared the way for Ericsson and TCL to try their disputes to a jury.
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