US Courts Should Adjudicate FRAND Rates On A Global Basis

Law360 (December 3, 2020, 5:49 PM EST) -- Assume a phone is made in China, sold to a consumer in the U.K., and used in the U.S. while the consumer is on vacation. The phone practices multiple standard-essential patents from different jurisdictions.

Just how can an SEP licensor and licensee formulate licensing terms on a patent-by-patent or country-by-country basis? In short: They can't. The when, where and how of the practice cannot be logically allocated to any one jurisdiction.

And the administrative costs of devising rates for thousands of SEPs across dozens of jurisdictions is compounded by the fact the rate in one jurisdiction is unlikely to be the...

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