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Four takeaways from the landmark TCL v Ericsson FRAND ruling

Michael Loney, New York


The fourth US bench trial to determine a FRAND royalty is the first to use a top-down approach. It also has parallels to the UK’s Unwired Planet decision

Judge James Selna gave patent practitioners some holiday reading on December 21 when the public version of his fair, reasonable and non-discriminatory (FRAND) determination in TCL v Ericsson was released.

This was the first case in which a US court...


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