Patent Damages
31Jul/13Off

NDCA sets FRAND rates for Rambus’ SDRAM patents as sanction

Posted by Justin Barnes

On May 9, Judge Whyte in the Northern District of California issued an order in SK Hynix Inc. v. Rambus Inc., the latest opinion in an ongoing patent saga that has lasted a decade.  Of interest to patent damages in Judge Whyte’s order was his setting of a FRAND rate as a sanction against Rambus for spoliation.  Put differently, the sanction Judge Whyte determined was most appropriate for the spoliation was to strike any damages above and beyond a “reasonable and non-discriminatory royalty.”  The rationale for this was to ensure that SK Hynix would not be “put at a competitive disadvantage in the marketplace.”

29Jul/13Off

WDWA sets FRAND rates for 802.11 networking and H.264 video

Posted by Justin Barnes

On April 25, 2013, Judge Robart of the Western District of Washington issued a 200+ page findings of fact and conclusions of law in Microsoft Corp. v. Motorola Mobility, Inc., Case No. 2:10-cv-01823 (Doc. No. 681), addressing a multitude of issues, but of particular interest, FRAND (fair, reasonable, and non-discriminatory) rates for patents relating to two well-known industry standards.  The standards at issue were the IEEE wireless local area network (“WLAN”) standard, 802.11, and the ITU advanced video coding standard, H.264.