SWIPLit

Ninth Circuit Upholds First District Court Determination of FRAND Licensing Rate and Affirms $14.5 Million Damage Award

The Ninth Circuit has affirmed Microsoft’s $14.5 million jury verdict against Motorola, upholding the first federal bench trial decision setting a fair, abortion reasonable, and non-discriminatory (FRAND) licensing rate. Armed with the court’s FRAND guidance, the jury found Motorola violated its commitment to license its H.264 (video encoding) and 802.11 (WiFi) standard-essential patents (SEPs) under […]

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PS

Reverse-Payment Patent Settlements Can Violate U.S. Antitrust Laws

On June 17, 2013, in FTC v. Actavis, the Supreme Court resolved a long-brewing battle between the FTC and the antitrust and patent defense bar over whether reverse-payment patent settlements between patentees and alleged infringers violate federal antitrust laws.  These settlements are categorized as reverse-payments because the settlement arises in the following circumstance: Alleged infringer […]

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PS