The Effect of FRAND Commitments on Patent Remedies
Patent Remedies and Complex Products: Toward a Global Consensus, Ch. 5 (Brad Biddle, Jorge L. Contreras, Brian J. Love, and Norman V. Siebrasse, eds., Cambridge University Press: 2019)
42 Pages Posted: 14 Sep 2018 Last revised: 1 Aug 2019
Date Written: September 12, 2018
This chapter addresses a special category of cases in which an asserted patent is, or has been declared to be, essential to the implementation of a collaboratively-developed voluntary consensus standard, and the holder of that patent has agreed to license it to implementers of the standard on terms that are fair, reasonable and non-discriminatory (FRAND). In this chapter, we explore how the existence of such a FRAND commitment may affect a patent holder’s entitlement to monetary damages and injunctive relief. In addition to issues of patent law, remedies law and contract law, we consider the effect of competition law on this issue.
Keywords: remedies, patent, standards, FRAND, standards-essential patent, SEP, injunction, willful infringement, enhanced damages, treble damages
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