Published: 1/1/12The trial court decision was rendered by Court of Appeals Judge and leading antitrust scholar Richard Posner.  In that decision, Judge Posner rejected Motorola’s request to enjoin Apple from practicing FRAND-encumbered SEPs owned by Motorola, stating:  “I don't see how, given FRAND, I would be justified in enjoining Apple [...]

Published: 1/1/12This article examines how patent assertion entities (PAEs), or patent “trolls,” use the threat of an injunction to hold up product producing companies in patent suits. The Supreme Court’s 2006 eBay decision largely ended that practice, at least in district court. But it has had the unintended consequence of [...]

Published: 1/1/08This 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: 1/1/07Broadcom brought an antitrust action in which it alleged that Qualcomm had persuaded the European Telecommunications Standards Institute (“ETSI”) to incorporate Qualcomm’s patented technology by committing to license the technology on FRAND terms but later reneged on its commitment.  A district court dismissed Broadcom’s complaint, and the Third Circuit [...]

Published: 1/1/06This brief makes the same points as the IEEE brief in the Ericsson case cited above. In the brief, the IEEE underscores the importance of ex ante competition as the basis for determining FRAND royalties, stating that FRAND commitments are designed “to preserve the competitive benefits of ex ante [...]