Fed. Circ.'s FRAND Decision Will Put Spotlight On Juries

Law360 (December 13, 2019, 9:07 PM EST) -- A recent Federal Circuit decision will likely give juries the lead role in determining licensing rates in disputes over standard-essential patents, taking many aspects of such cases out of the hands of judges in a change that could help patent owners secure bigger awards.

In a Dec. 5 ruling, the appeals court threw out the rate a judge had determined at a bench trial to be fair, reasonable and nondiscriminatory, or FRAND, for Ericsson's wireless patents in a dispute with TCL, saying the judge violated Ericsson's constitutional right to a jury trial.

Specifically, the appeals court held that the amount the...

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