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Re: la-tsla-fan post# 408302

Monday, 05/02/2016 7:19:06 PM

Monday, May 02, 2016 7:19:06 PM

Post# of 432556
Ia-idcc-fan: I have no opinion on how royalties based on FRAND will eventually work out, especially since anti-trust issues have been thrown into the mix. Below are two good articles that discuss what are considered to be landmark appeals courts decisions regarding two different FRAND related cases. While some definitive guidance is given, there is also a lot of subjectivity involved. As noted, one decision was by the Ninth Circuit Appeals Court, because of anti-trust issues, while the other was a CAFC decision because it was more patent related.


http://blogs.orrick.com/antitrust/2015/08/01/ninth-circuit-upholds-landmark-frand-decision-and-jury-verdict/

http://www.essentialpatentblog.com/2014/12/federal-circuit-gives-guidance-on-litigating-rand-obligation-ericsson-v-d-link/
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