Friday, January 5, 2018

Two more articles on TLC v. Ericsson

I've mentioned this recent, important FRAND case a couple of times now on this blog  (here and here) and cited some discussions of the case elsewhere.  Here are two more articles that just came out:

1. On January 4, Ryan Davis published 4 Things to Know About the Latest FRAND Rate-Setting Case in Law360.  The article discusses, among other things, the question of whether Judge Selna's opinion in TCL v. Ericsson creates a precedent; the judge's "novel approach" to the nondiscrimination prong of FRAND and his use of the top-down approach to calculating FRAND royalties; and how the Federal Circuit may now have the opportunity to "shed more light on FRAND."  (Ericsson has already filed its notice of appeal.)  The article also quotes David Long, Jorge Contreras, Stephen Korniczky (attorney for TCL), and me.

2.  On the IAM Blog, Richard Lloyd published a post titled Key Ruling in High-Profile US FRAND Case "Highly Biased in Favour of Infringers", Says Ericsson's Chief IP Officer.  As the title suggests, the post summarizes an interview between Mr. Lloyd and Ericsson's Chief IP Office, Gustav Brismark.  

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In other news, I will be remote-teaching a one-week intersession course titled "Remedies in Patent Law" for the University of Iowa College of Law next week (Jan. 8-12).  Looking forward to it!

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