Standard-essential patent holders and implementers may face uncertainty regarding licensing practices following a May 23 Texas court ruling. In the ruling, a Texas federal judge reached a conclusion different from a recent California court decision—FTC v. Qualcomm—on the question of whether an SEP holder must base its royalty rates on the “smallest salable patent-practicing unit” in order to comply with a fair, reasonable and non-discriminatory royalty commitment.
Texas Court Declares Licensing Offer Based on End Device Is FRAND, Diverges from California Court in Qualcomm
Posted In IP Antitrust, Private Litigation
Tags: baseband chips, cell phones, Ericsson, fair reasonable and non-discriminatory, Federal Trade Commission Act, FRAND, FTC, FTC v. Qualcomm, HTC, HTC v. Ericsson, mobile devices, Qualcomm, royalty rates, SEP licensing, SEP licensing negotiations, SEPs, smallest salable patent-practicing unit, smartphones, SSPPU, standard essential patents, technology
Anthony S. FerraraAnthony S. Ferrara focuses his practice on regulatory and antitrust matters. He advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ). He also counsels clients in relation to complex antitrust litigation and government investigations. Anthony has assisted clients across a variety of industries, including the aerospace and defense, pharmaceutical, consumer products, and energy sectors. In addition to his antitrust work, he maintains an active pro bono practice. Read Anthony S. Ferrara's full bio.
Lisa A. PetersonLisa A. Peterson focuses her practice on antitrust, regulatory and litigation matters. She assists clients across a variety of industries and has represented numerous clients in the health care, pharmaceutical, and biotechnology industries. Lisa advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ), as well as counsels clients on issues regarding antitrust compliance, pricing, and distribution. She also counsels clients on cartel prosecutions and defenses, including government investigations and the initiation and defense of civil class action litigation. Read Lisa Peterson's full bio.
McDermott Will & EmeryRelated Posts
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- FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case
- THE LATEST: FTC Acting Chairman Ohlhausen Signals Potentially Reduced Role for Antitrust Oversight of Intellectual Property Disputes
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