The Federal Circuit had a busy week, handing down decisions on a number of hot-button issues including the proper standard of review for claim construction, the right to amend a claim in IPRs, whether SEP royalties must be calculated using the smallest saleable unit and constitutional challenges to IPRs. The Court also denied a petition to rehear the controversial Ariosa case
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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