Rainy weekend FRAND reading and why the big boys
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Posted On: 03/31/2019 12:34:26 PM
Rainy weekend FRAND reading and why the big boys
in Silicon Valley are such a pain in the ass .....
http://www.ipwatchdog.com/2019/03/31/latest-a...id=107841/
(this is the point I'd like us to get to)
in Silicon Valley are such a pain in the ass .....
http://www.ipwatchdog.com/2019/03/31/latest-a...id=107841/
(this is the point I'd like us to get to)
Quote:
One final point to make is that if a court decides a patent is valid, infringed, and essential, the reasonable royalty awarded would likely be higher than the royalty paid as a result of FRAND negotiations. Long said that the reason for this is that the court has now removed any uncertainty that could have led the SEP owner to offer a discount to the technology implementer before those issues were decided. This concept has even found its way into case law such as the Northern District of Illinois’ 2013 decision in In re: Innovatio IP Ventures. “Say a party wants to go to court to litigate the validity of every claim,” Long said. “Whoever does that may be facing a higher royalty at the end of the day since the validity uncertainty discount may be removed.”
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