Bass, Berry & Sims attorney Jason Rockman provided comment for an article outlining the impact of the Ninth Circuit Court's confirmation of the decision related to Motorola's appeal of the landmark decision related to Fair, Reasonable and Non-Discriminatory (FRAND) patent licensing rates for standard-essential patents. The confirmation could provide guidance for future FRAND cases, many believe. According to Jason's analysis, "'The Ninth Circuit has determined that satisfying a FRAND obligation is something different than a patent law action, and while the Federal Circuit's guidance in interpreting minimum reasonable royalty factors for patent infringement may be adapted to the RAND determination it is not controlling ... This presents a challenge to the bar in predicting whether and how a client may satisfy their FRAND obligation.'"
The article, "3 Takeaways From 9th Circ.'s Motorola FRAND Decision," was published by Law360 on July 30, 2015 and is available online.