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.”