Valuing FRAND-Obligated Patents: An Emerging Consensus

Law360, New York (November 27, 2013, 5:55 PM EST) -- A consensus on both the methodology for calculating a fair, reasonable and nondiscriminatory royalty and the unavailability of injunctive relief to FRAND-obligated patent holders is emerging, at least in federal district court and at the U.S. International Trade Commission. Both the determined royalty rate and the availability of injunctive remedies are important factors when valuing any patent. The emerging trend with respect to FRAND-obligated patents may require FRAND-obligated patent holders to re-examine and temper their licensing demands.

Fair Reasonable and Nondiscriminatory Obligation

A FRAND obligation is...
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