FRAND And A Patent Owner's Right To Injunctive Relief

Law360, New York (September 18, 2012, 12:32 PM EDT) -- Often, an industry-adopted technical standard includes technology covered by patents, and the owners of these patents agree to license the patents on fair, reasonable, and nondiscriminatory (FRAND) terms as part of the standard-setting process.[1] This article explores options available to the patent owners when a member of the industry declines to accept a license on terms deemed to be FRAND by the patent owner, and nevertheless, implements the standard.

A technical standard may be defined as an established norm or requirement which provides a common design for a product or process. Examples of technical standards include application programming interfaces, communication protocols...

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