Earlier today, the United States Court of Appeals for the Federal Circuit issued a decision in a standard essential patent (SEP) appeal involving Ericsson and TCL Communication Technology—a closely watched case that many hoped would produce some case law relating to what constitutes a FRAND (fair, reasonable and non-discriminatory) offer of a licensing royalty rate relative to SEPs. See TCL Communication Technology Holdings Ltd. V. Telefonaktiebolaget LM Ericsson, No. 2018-1363, 2018-1732 (Fed. Cir. Dec. 5, 2019). Because the Federal Circuit determined that Ericsson was deprived of its constitutional right to a jury trial, the district court decision was reversed, and the case remanded for further proceedings. However, the question of whether Ericsson’s offers to TCL qualified as FRAND offers were not reached by the Federal Circuit.
Recent Posts
- Reddit Dubs Perplexity AI and Data Scraping Companies ‘Would-Be Bank Robbers’
- CAFC Gives Centripetal Another Shot at PTAB in Case Tied to APJ’s Alleged Bias
- Undermining Innovation: The Consequences of Closing the Rocky Mountain Regional USPTO Office
- Does the 2025 Version of PERA Indirectly Sanction Judicially Created, Non-Statutory ODP?
- Squires Takes Over All IPR Institution Decisions in Memo to PTAB Judges
