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Expert Analysis

Exploring The Nondiscriminatory Aspect Of RAND Licensing

Law360, New York ( January 29, 2015, 9:36 AM EST) -- The challenge of determining royalty rates and other licensing terms for standard-essential patents that can be accepted by standard-setting organizations as reasonable and nondiscriminatory has recently come into sharper focus. [1] Since Judge James Robart's landmark opinion regarding a RAND royalty rate in Microsoft Corp. v. Motorola Inc. , released on April 25, 2013, RAND royalty rates have been determined in various other patent-related lawsuits. These RAND royalty rate determinations are significant given they will likely directly or indirectly affect how RAND royalty rates are determined in the future. . . .

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