Nondiscrimination In 5g Standards

Yigal Arnon & Co | View firm profile

Nondiscrimination has been the neglected stepchild of the FRAND
commitment. Patent owners participating in standards organizations typically
commit to license their technology on “fair, reasonable, and nondiscriminatory
(“FRAND”) terms.”

  1. While a number of cases have provided extensive
    consideration of the first “fair and reasonable” part of FRAND, until recently, U.S.
    decisions provided only meager analysis of the second “non-discrimination”
    prong.
  2. The recent TCL decision3
    in the United States and the Unwired Planet
    decision
  3. in the United Kingdom provide significant new guidance concerning the
    FRAND nondiscrimination requirement. Unfortunately, advancing 5G technology
    will bring new difficulties in applying that requirement, and neither decision will
    assist in addressing these coming complexities.

pdf nondiscrimination_in_5g_standards

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