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To print this article, all you need is to be registered or login on Mondaq.com. Rarely must patent infringers demand their right to pay royalties. But several multinational manufacturers have gone to court to insist that they – and not other participants in the supply chain – make payment of any patent royalties. From a contractual perspective, judicial analysis of such claims has focused on the non-discrimination prong of the fair, reasonable, and non-discriminatory ("FRAND") patent licensing commitment. In other words, some manufacturers have argued, and some cou...

ITC breaks new ground in IPR decision 18-12-2020 20-04-2016 Litigators should pay close attention to a recent decision from the US International Trade Commission, Smith Brittingham of Finnegan writes. Litigators sometimes question whether post-grant procedures at the US Patent and Trademark Office (USPTO) can help companies facing patent infringement allegations in the US International Trade Commission (ITC).  The ITC does not typically stay cases in deference to USPTO proceedings, and the ITC usually reaches a decision before the USPTO can declare the patent invalid. So, why file a post-gra...