Published: 12/19/12In these briefs, the IEEE, a leading standard setting organization in the computing and networking industries, explains the process through which it develops industry standards and seeks FRAND commitments from standard-setting participants to “protect implementers of a standard against patent hold-up.”  According to IEEE, hold-up is “the ability of [...]

Published: 9/28/12In this decision, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court’s holding that enjoined a holder of FRAND-encumbered SEPs from enforcing a patent injunction obtained in Germany against a potential licensee. The court addressed a FRAND commitment made to the International Telecommunications Union, under [...]

Published: 8/30/12LaserDynamics accused Quanta, a laptop computer manufacturer, of infringing a patent that read on a method for identifying the type of disc inserted into an optical drive. A jury found for LaserDynamics, who claimed that a reasonable royalty should be 2% of the price of the entire notebook computer [...]

Published: 6/22/12In this case, both Apple and Motorola sought damages and injunctive relief against the other party and both were denied relief (although Apple’s patents at issue were not SEPs). The trial court decision was rendered by Court of Appeals Judge and leading antitrust scholar Richard Posner. In rejecting Motorola’s [...]

Published: 12/11/08 This 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 [...]

Published: 9/4/07 Broadcom 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 [...]