The Rational Basis for FRANDly Courts Denying Injunctive Relief for SEPs Infringement.
| Autor: | Pai, Yogesh |
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| Předmět: | |
| Zdroj: | Journal of Intellectual Property Rights; Mar2014, Vol. 19 Issue 2, p146-156, 11p |
| Abstrakt: | The article discusses rationale behind the denial of Fair-Reasonable and Non-Discriminatory (FRAND) courts to grant injunctive relief for Standard-Essential Patents infringement. These include the unfair outcomes due to the patentee winning an additional market share not conveyed by the patent and the logic that since a patentee is interested in earning royalty on his patents by way of FRAND licensing offers he may be paid monetarily in lieu of the injunction. Also cited is the scope of FRAND. |
| Databáze: | Complementary Index |
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