Saturday, December 23, 2017

Judge Selna's FRAND Decision Is Out

Update (12/27/17):  Here are links to the opinion, in three parts:  part 1, part 2, and part 3.

Hat tip to Matt Larson of Bloomberg, who mentioned this on Twitter, and to Scott Graham of The Recorder.  The latter source links to the opinion (divided into three parts), in which U.S. District Judge James Selna (Central District of California) awarded Ericsson $16,449,071 in past royalties, less than half of what it sought from TCL Communications, and set the rates going forward for the use of certain FRAND-committed SEPs belonging to about 150 patent families.  (The opinion is not showing up on Lex Machina just yet.)  I haven't read much of the opinion yet myself, and I don't plan to until after Christmas, but I'm sure I'll have something to say about it sometime next week.  Mr. Graham reports that the decision focuses on the "nondiscriminatory" portion of the FRAND commitment, and applies a top-down methodology. Mr. Larson also refers to a jury decision last week (Eastern District of Texas, judgment here) awarding Ericsson $75 million for TCL's infringement of a single patent.

And, lest I forget, Season's Greetings to my readers, from the Comparative Patent Remedies Blog.

1 comment:

  1. Prof Contreras has a good summary of the decision available here: