Law360 Quotes Prof. Cotter on Federal Circuit FRAND Decision

A December 13, 2019 Law360 article titled “Fed. Circ.’s FRAND Decision Will Put Spotlight On Juries” quotes Professor Thomas Cotter on the Federal Circuit’s recent decision in TCL v. Ericsson, reversing a lower court decision and holding that the patent owner had a right to a jury determination on the amount of the “release payment” due for the past use of its FRAND (fair, reasonable, and nondiscriminatory)-committed standard-essential patents. Cotter noted that “[n]o other country in the world ... uses juries at all in patent cases,” and suggested that the right to a jury trial would “make the U.S. a somewhat more favorable jurisdiction to patent owners” in these types of cases, which often involve litigation in multiple countries over the right to incorporate standardized technologies into complex products.