FRAND Definition Is Evolving

Recent court decisions in a dispute between Microsoft and Motorola Mobility (Motorola) are beginning to define the terms "fair" and "reasonable" as applied to licenses and royalties for standards-essential patents (SEPs). Companies need to license SEPs to implement standardized technologies such as video formats or network protocols to ensure interoperability between various devices and applications. Although Motorola is likely to appeal, and other litigation related to fair, reasonable, and non-discriminatory (FRAND) licensing of patents is pending in several U.S.

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