The US District Court for the Northern District of Illinois issues second ruling determining RAND rate for standard essential patent (Innovatio)

On October 3, 2013, Judge James F. Holderman of the U.S. District Court for the Northern District of Illinois offered the second analysis by a U.S. court of an appropriate royalty that a patentee could obtain after promising to license its patent on reasonable and nondiscriminatory (RAND) terms. The opinion built on Judge James L. Robart’s opinion in Microsoft v. Motorola Mobility, which had provided the first framework for determining a RAND rate for standard essential patents. Setting The case of In re Innovatio IP Ventures, LLC Patent Litigation involved the 802.11 standard, which is known as WiFi and which allows wireless devices such as routers, laptops, and cell phones to communicate with one another. (Opinion, p. 5). Innovatio asserted 168 patent claims that the court had

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  • Rutgers University (New Jersey)

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Michael A. Carrier, The US District Court for the Northern District of Illinois issues second ruling determining RAND rate for standard essential patent (Innovatio), 3 October 2013, e-Competitions Bulletin October 2013, Art. N° 58558

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