U.S. Courts Have Limited Ability To Set FRAND Rates Globally
By EsqSocial Corporation 26/01/21
U.S. courts have correctly recognized that, absent the agreement of the potential licensee to be bound by a portfoliowide determination, they lack authority to resolve global FRAND disputes because they cannot compel a party to license patents it has not been found to infringe, and, moreover, they cannot determine liability for foreign patents. As one U.S. court has observed, "there exists no legal basis upon which [a potential licensee] may be compelled to take a license for [an SEP owner's]...
By: WilmerHale