Published: 5/20/13The plaintiff in this case, Realtek, a manufacturer of Wi-Fi chips, asserted that LSI, a holder of two FRAND-encumbered Wi-Fi SEPs breached its FRAND obligation by seeking an exclusion order (the equivalent of an injunction) against the importation of Realtek’s Wi-Fi chips and sought an order barring LSI from [...]

Published: 4/29/13In announcing enforcement actions involving the invocation of injunctive relief by two holders of FRAND-encumbered SEPs, the European Commission stated that “it is anti-competitive to use injunctions in relation to SEPs in the following circumstances:  when in a standardisation context, a SEP holder has committed to license the SEP [...]

Published: 12/19/12In these two briefs, the IEEE, a leading standard setting organization in the computing and networking industries, explains the process through which it develops industry standards, including the process of seeking FRAND commitments from standard-setting participants. The IEEE then goes on to explain that it seeks FRAND commitments to [...]

Published: 12/12/13In a preliminary opinion directing the opening of an investigation, the Competition Commission of India addressed allegations that Ericsson sought royalties for its FRAND-encumbered SEPs at levels that breached its FRAND commitments.  The Commission addressed allegations that the royalties were discriminatory and that they were set on the basis [...]

Published: 12/11/08This decision denied a motion to dismiss the plaintiff’s breach of contract and antitrust claims against Motorola based on the claim that Motorola refused to negotiate FRAND licenses in good faith. The court rejected Motorola’s claim that it lacks monopoly power based on its SEPs, holding that the promulgation [...]

Published: 12/9/14Read More

Published: 12/9/12The Rambus case involved allegations of standard-setting deception rather than FRAND abuse.  The European Commission’s decision in Rambus is nevertheless relevant to the FRAND debate because of its analysis of the appropriate royalty base on which a SEP holder may impose a royalty.  In the Commission’s market testing of [...]

Published: 12/8/14The High court of Delhi granted a temporary ex parte injunction in favor of Ericsson in a case involving FRAND-encumbered telephony SEPs.  According to the court’s order, Ericsson had offered to license its SEPs to Xiaomi before Xiaomi launched its infringing devices in India.   Published reports indicate that Xiaomi [...]

Published: 12/8/14The High court of Delhi granted a temporary ex parte injunction in favor of Ericsson in a case involving FRAND-encumbered telephony SEPs. According to the court’s order, Ericsson had offered to license its SEPs to Xiaomi before Xiaomi launched its infringing devices in India.   Published reports indicate that Xiaomi [...]

Published: 12/7/14Read More