US Courts Have Limited Ability To Set FRAND Rates Globally

Bizar Male
Law360 (January 22, 2021, 4:36 PM EST) — A recent Law360 guest article calls for U.S. courts to adjudicate global fair, reasonable and nondiscriminatory rates for standard-essential-patent licenses more frequently.

The article describes the U.K. Supreme Court’s decision in Unwired Planet International Ltd. v. Huawei Technologies (UK) Co. Ltd. as an example for U.S. courts to follow. The article also argues that the tendency for parties to negotiate global licenses for claimed SEPs should encourage U.S. courts to emulate this market outcome by adjudicating FRAND disputes as a matter of contract law.

But missing from the article is a critical point: an explanation of how U.S. courts would have the…

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