3 Takeaways From 9th Circ.'s Motorola FRAND Decision

Law360, New York (July 30, 2015, 10:18 PM EDT) -- By affirming Thursday that Motorola Inc. failed to license its standard-essential patents to Microsoft Corp. on fair terms, the Ninth Circuit endorsed the detailed process the trial judge devised for setting royalty rates for essential patents. Here are three things attorneys can learn from the decision.

The Ruling Is a Road Map, But It's Not the Only Option

During the district court case, U.S. District Judge James L. Robart held a bench trial to establish what he said would be a fair, reasonable and nondiscriminatory, or FRAND, royalty rate for Motorola's standard essential patents-in-suit, an analysis no judge had ever undertaken...

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