Standard essential patents have become increasingly important in United States jury and non-jury proceedings, as recent Federal Circuit, U.S. International Trade Commission and U.S. district court cases have shown.
The question of what is FRAND, and how to calculate FRAND, remains a contentious issue. And, of course, few issues are as hotly litigated as the question about an entitlement to an injunction. Innovators believe injunctions and exclusion orders are absolutely necessary to address widespread patent infringement. Not surprising, technology implementers have a different viewpoint altogether on the appropriateness of injunctive relief.