Law360 Quotes Prof. Cotter on Recent “FRAND” Patent Case

Shortly before Christmas U.S. District Judge James Selna published the public redacted version of his 115-page opinion in TCL Communication Technology Holdings, Ltd. v. Telefonaktiebolaget LM Ericsson, the latest in a series of cases spanning the globe addressing the question of how to calculate a “fair, reasonable, and nondiscriminatory” (FRAND) royalty for patents that are essential to the use of technical standards widely used in the telecommunications industry. An article in the January 4 issue of Law360 titled “4 Things to Know About the Latest FRAND Rate-Setting Case” quotes Professor Tom Cotter for his views on various aspects of the case. Cotter notes, among other things, that “the meaning of nondiscriminatory could be a very significant issue in the Federal Circuit. ... If the court comes back with a definitive judgment about what that means in the FRAND context, it could have important consequences.”