The Court of Appeals for the Federal Circuit, on Dec. 4, 2014 in a case of first impression, ruled that when the patent at issue is a standard essential patent
Federal Circuit Tackles RAND Royalty Rates
The Court of Appeals for the Federal Circuit, in a case of first impression, ruled that when the patent at issue is a standard essential patent (SEP) and its owner is subject to an obligation to license that patent on reasonable and non-discriminatory (RAND) terms, the jury instructions must discuss the specific obligations of that patentee and not RAND commitments in general.
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