HTC, Ericsson Tangle At 5th Circ. Over How To Value Patents

Law360 (May 6, 2020, 7:22 PM EDT) -- HTC urged a Fifth Circuit panel during oral arguments Wednesday to overturn a jury's finding that Ericsson offered the handset maker fair terms on licenses for standard essential patents covering cellular technology, saying the jury was not properly instructed on how to value patents.

The electronics makers sparred over a videoconference that was also streamed on a public audio feed due to restrictions imposed to help prevent the spread of COVID-19.

HTC attorney David Burman of Perkins Coie LLP told the panel that standard-setting organizations require companies to agree to license patents included in industry standards on fair, reasonable and nondiscriminatory,...

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