Ongoing FRAND royalty applied to unaccused and unadjudicated products is affirmed

Godo Kaisha IP Bridge 1 v. TCL Communication was decided on August 4, 2020, on appeal from the District of Delaware. At trial, Plaintiff IP Bridge argued that the asserted patents are essential to a standard and that Defendant TCL’s accused devices are compatible with the standard. The jury found …

Release payment for past infringement of standard essential patents is a jury question

TCL Communication v. Telefonaktiebolaget LM Ericsson was decided on December 5, 2019 on appeal from the Central District of California. Following a bench trial, the district court determined that declaratory defendant Ericsson’s proposed offers were not “fair, reasonable, and non-discriminatory” (FRAND). “Over Ericsson’s repeated assertions of its jury trial right,” …