TCL v Ericsson, FSA Amicus US Supreme Court

05 June 2020. The FSA files amicus curiae briefs to explain the importance of technical standards to the global economy, why fair licensing of standard essential patents matters, and how important judicial decisions, like the Federal Circuit’s here, will frame the future of FRAND licensing negotiations. This is the FSA’s first amicus curiae appearance before this Court, and FSA writes to impress upon the Court the urgency of granting review. If left standing, the Federal Circuit’s rule allowing juries to set FRAND licensing terms will threaten the productivity and consumer welfare gains that standardization and interoperability promise. Instead of negotiating FRAND terms against the backdrop of reasoned judicial decisions, SEP holders will be encouraged to race to U.S. courthouses in search of high returns from black-box jury verdicts.

Therefore, when disputes arise, whether a judge or jury should determine fair, reasonable, and nondiscriminatory licensing terms for standard-essential patents, is no arcane question of patent law. It is a pressing question, demanding the Court’s attention, that impacts every nook and cranny of the modern economy.

Download the full paper here.

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