Jury Confusion Sinks Ericsson FRAND Win, 5th Circ. Told

Law360 (October 10, 2019, 3:51 PM EDT) -- Electronics maker HTC Corp. pressed the Fifth Circuit this week to overturn a jury verdict that found Ericsson’s cellular patent rates are fair and reasonable, arguing the lower court’s failure to offer clear guidelines on several fundamental elements of the case led the jury astray. 

The Texas federal court “prevented the jury from properly evaluating the merits by keeping it in the dark on key issues,” HTC argued Wednesday in a redacted opening brief.

After a five-day trial in February before U.S. District Judge Rodney Gilstrap, a jury returned a verdict largely in favor of Telefonaktiebolaget LM Ericsson and its Texas subsidiary,...

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