The Effect of FRAND Commitments on Patent Remedies

Authors

Jorge L. Contreras, S.J. Quinney College of Law, University of UtahFollow
Thomas F. Cotter, University of Minnesota Law School
Sang Jo Jong, Seoul National University College of Law
Brian J. Love, Santa Clara University School of Law
Nicolas Petit, University of Liege - School of Law; Hoover Institution; University of South Australia School of Law
Peter George Picht, University of Zurich Institute of Law; Max Planck Institute for Innovation and Competition
Norman Siebrasse, University of New Brunswick Fredericton Faculty of Law
Rafał Sikorski, Adam Mickiewicz University
Masabumi Suzuki, Graduate School, Nagoya University
Jacques de Werra, University of Geneva

Document Type

Book Chapter

Publication Date

9-2018

Abstract

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.

Recommended Citation

Contreras, Jorge L.; Cotter, Thomas F.; Jong, Sang Jo; Love, Brian J.; Petit, Nicolas; Picht, Peter George; Siebrasse, Norman; Sikorski, Rafał; Suzuki, Masabumi; and de Werra, Jacques, "The Effect of FRAND Commitments on Patent Remedies" (2018). Utah Law Faculty Scholarship. 130.
https://dc.law.utah.edu/scholarship/130