The US Northern District Court of California requires the holder of a standard essential patent for cellular communication to license it to all those willing to pay a fair, reasonable and non-discriminatory rate (Qualcomm)

FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case* Summary Recently, a federal district court in California granted partial summary judgment for the US Federal Trade Commission (FTC) in an important intellectual property and antitrust case involving standard Essential patents (SEP). The court’s decision requires an SEP holder to license its SEPs for cellular communication standards to all applicants willing to pay a fair, reasonable and non-discriminatory (FRAND) rate, regardless of whether the applicant supplies components or end-devices. The decision represents a significant victory for the FTC in enforcing its views of an SEP holder’s Commitments to license patents on FRAND terms In depth On November 6, a federal district court in

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  • McDermott Will & Emery (Washington)
  • McDermott Will & Emery (Washington)

Quotation

Stefan M. Meisner, Lisa A. Peterson, The US Northern District Court of California requires the holder of a standard essential patent for cellular communication to license it to all those willing to pay a fair, reasonable and non-discriminatory rate (Qualcomm), 6 November 2018, e-Competitions Bulletin November 2018, Art. N° 90017

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