Realtek V. LSI: Will ITC Defer To District Court?

Law360, New York (August 2, 2013, 1:10 PM EDT) -- Entities participating in technology standard-setting organizations are typically required to promise, in some fashion, to license patents essential to any resultant standard on reasonable and nondiscriminatory terms. Years later, once the standard has been promulgated, those essential patents may be asserted in litigation and the patent holder is expected to live up to its RAND promises.

A thorny issue for courts and litigants in the context of standards essential patents is the determination of what royalty terms are “reasonable and nondiscriminatory” for purposes of damages as...
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