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Expert Analysis

Fed. Circ. Didn't Apply EBay Correctly In Apple V. Motorola

Law360, New York (May 7, 2014, 10:06 PM EDT) -- In the April 25 Apple Inc. v. Motorola Mobility Inc. decision, the Federal Circuit issued three opinions on the availability of injunctive relief for infringement of a FRAND-encumbered patent. The dissenting-in-part opinion by Judge Sharon Prost is a simple application of controlling law to facts. The opinion of the court, and the dissenting-in-part opinion of Chief Judge Randall Rader, both reflect a continuing reluctance by many in the patent litigation bar to accept the ramifications of a FRAND promise on equitable relief, even where guidance from the U.S. Supreme Court is unequivocal....

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