Published: 10/31/16
Publication: Lexology
“In TCL v. Ericsson (C.D. Cal.), the court established a framework for determining whether patent owner Ericsson adhered to its FRAND obligations for licensing standard-essential patents for telecommunications standards and what the FRAND terms would be.
According to this framework, the jury will first decide whether Ericsson complied with its obligations to offer licenses to standard-essential patents on FRAND terms. Next, the jury will consider whether the two license offers by Ericsson were FRAND licenses, without regard to whether Ericsson met its FRAND obligations; if either or both were FRAND licenses, the court would enter one of them in its judgment. Finally, should neither license be a FRAND license, the jury will determine the component terms of a FRAND license; the court then will determine whether the terms, in the aggregate, meet the requirements for a FRAND license.” – [READ MORE]