If its recent patent rulings are any indication, the Supreme Court’s decision to grant Global-Tech’s petition for certiorari yesterday should have SEB’s lawyers on edge. The Court has agreed with the Federal Circuit’s reasoning in just one of the seven cases it has taken since 2006 – and even then, only loosely.
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The model covers court-guided settlements, submissions-led determination of infringement and validity issues, and provides leeway for the court to determine a FRAND rate during negotiations