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From a ground-breaking patent ruling in the English High Court to investigations into licensing practices, the FRAND area is hotting up, as WIPR finds out.
With the advent of new technology, determining what constitutes a fair, reasonable and non-discriminatory (FRAND) licence is growing in importance, with a number of discussions and disputes occurring or in the pipeline.
In June this year, Huawei was slapped with a FRAND injunction by Mr Justice Birss of the English High Court, in what Pat Treacy, partner at Bristows, describes as a “ground-breaking decision”.
“For a respected Patent Court judge, who knows a fair bit about the standard-essential patents (SEP) industry, to take this view will be influential and will shake up the negotiating practices of a number of people on both sides of the fence,” she says.
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