France Has Entered the Chat: Sun Patent Trust Asks French Court to Determine Global FRAND Rate for LTE-Advanced SEPs

Last week, Sun Patent Trust sued Xiaomi in France for infringement of patents claimed to be essential to the LTE-Advanced standard. In its suit, Sun Patent Trust asked French courts to set a global FRAND rate—something that has never occurred before. In the event this case advances to a final decision, it will have a significant impact on standard essential patent (SEP) practitioners. With few jurisdictions demonstrating a willingness to set a global FRAND rate for SEPs, France’s self-inclusion…
By: Mintz – Intellectual Property Viewpoints