EDTX: Bad Faith FRAND Negotiations Warrant Suspension but Not Revocation of Parties’ Obligations Under French Law
February 1, 2024Expert Testimony, District Court, Eastern District of Texas
The Eastern District of Texas recently addressed two significant issues related to fair, reasonable and non-discriminatory (FRAND) negotiations under French law; namely, whether: (1) an implementer is entitled to damages resulting from a standard essential patent (SEP) holder’s bad faith; and (2) an SEP holder can unilaterally discharge its FRAND obligations in view of an implementer’s bad faith.
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