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Expert Analysis

What The Motorola FRAND Ruling Means For Your Company

Law360, New York (May 2, 2013, 12:42 PM EDT) -- As a holder of a standard-essential patent (SEP) that is subject to a "fair, reasonable, and nondiscriminatory" (FRAND) licensing obligation, how can I get the most favorable royalties and still meet my FRAND obligation? As a potential licensee of a SEP, how do I ensure that the royalty rate I negotiate with the licensor is a FRAND rate? Is it worthwhile to participate in a standard-setting process and subject my patents to FRAND commitments, and how do FRAND royalty rates compare to the rates I could get if I don't participate?...

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