F/RANDly Judicial Advice to the Rescue: Ericsson v. D-Link

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Dina Kallay, Mar 16, 2015

On December 4, 2014, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in the Ericsson v. D-Link matter. The Decision marks the first U.S. appellate review guidance on the much-debated issue of determining appropriate royalties for standard-essential patents that are subject to reasonable and non-discriminatory licensing commitments. This note summarizes pertinent aspects of the District Court opinion and the subsequent CAFC Decision, and examines their consistency with competition developments in this area.