February 25, 2013
Tom Schaumberg and Emi Ortiz recently posted an article for the National Law Review entitled, Why Can't They Be FRANDs ? Concerns About The ITC's Approach to Standard-Essential Patent [SEP] Cases Are Unwarranted , which suggests that the International Trade Commission (ITC) will resolve fair, reasonable and nondiscriminatory (FRAND)-encumbered SEP issues by creating tailored remedies to protect both the public interest and the rights of patent holders.
Antitrust agencies and Federal Courts have not yet fully concluded under which circumstances there may be a violation of the competition laws for a holder of SEPs that seeks an injunction against alleged infringers. Owners of SEPs are expected to license on FRAND terms. Recent developments carry implications that any licensee may be subject to FRAND-type licensing commitments.