Law360 reported on the Federal Circuit decision to rescind California District Judge James V. Sena's decision to set a license rate for Ericsson's standard-essential wireless patents in a dispute with TCL. The judge's "decision included a FRAND rate that Chinese smartphone maker TCL must pay to license Ericsson’s patents going forward, as well as a “release payment” for past unlicensed sales. The Federal Circuit said that since the release payment is akin to damages for infringement, it is a legal issue that must be addressed by a jury and can’t be resolved by a judge in a bench trial."
Ericsson is represented by McKool Smith Principals Nick Mathews.
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