Law360, New York ( September 1, 2015, 10:21 AM EDT) -- On July 30, 2015, the Ninth Circuit affirmed the 2013 Microsoft Corp. v. Motorola Inc. decision of Judge James Robart of the U.S. District Court for the Western District of Washington — the first decision in which a U.S. court determined a fair, reasonable and nondiscriminatory royalty for the use of a standard-essential patent.[1] Despite the considerable discussion that this appellate opinion has already generated, commentators so far have overlooked the decision's larger implication: the Ninth Circuit has managed to create a circuit split with the far more experienced Federal Circuit concerning the principles for determining a FRAND royalty that the latter court articulated in its December 2014 opinion in Ericsson Inc. v. D‑Link Systems Inc.[2]...
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