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Non-Discrimination – FRAND’s Last Stand?

BY | December 21, 2020

Compliance with FRAND commitments by holders of standard-essential patents has largely focused on the “fair and reasonable” component of the commitment. This essay explores the interpretation of the “non-discrimination” component…

Compliance with FRAND commitments by holders of standard-essential patents has largely focused on the “fair and reasonable” component of the commitment. This essay explores the interpretation of the “non-discrimination” component of FRAND. Two court cases that have recently addressed the non-discrimination commitment reach similar interpretations of its meaning but disagree on its enforcement, with one court embracing competition law as the governing principle. We argue that the FRAND co

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