Ericsson Defends Right To Have Jury Decide FRAND Rates

Law360 (August 4, 2020, 10:23 PM EDT) -- Ericsson Inc. told the U.S. Supreme Court on Tuesday that there's no reason to reverse a Federal Circuit finding that a jury must determine what constitutes a reasonable royalty rate for the telecommunications company's standard-essential patents, saying "that ship sailed two centuries ago" with the Seventh Amendment.

Ericsson opposes the high court petition from Chinese smartphone maker TCL Communication Technology in their licensing dispute that targets a December ruling throwing out the rate a judge had determined during a bench trial was fair, reasonable and nondiscriminatory, or FRAND, for Ericsson's wireless patents, finding the district court violated Ericsson's constitutional right to...

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