Law360, New York ( June 22, 2015, 10:28 AM EDT) -- Since 1982, the Federal Circuit has had exclusive jurisdiction over appeals from district court decisions in cases depending on the resolution of substantial questions of federal patent law. Accordingly, other federal courts of appeals have had little role in the development of patent law over the past 33 years. In the latest chapter of the litigation between Microsoft Corp. and Motorola Inc., however, the Ninth Circuit has a rare opportunity to address emerging questions of patent damages law regarding the calculation of reasonable and nondiscriminatory royalties for standard essential patents. Whether the Ninth Circuit does so not only will affect the immediate rights of the parties, but may provide broader guidance to patent holders and manufacturers anticipating litigation over RAND royalty commitments....
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