In an article published in IAM, Partner Timothy Syrett and Counsel Laura Powell discuss the dismissal of Roku's recent lawsuit against licensing administration company Access Advance. They highlight key details of the case and the realities of US courts' authority to set appropriate FRAND rates.
Excerpt: "Do not be fooled that Access Advance hailed a recent dismissal of a lawsuit against it and other members of its High Efficiency Video Coding patent pool as a decision that “adds to a growing body of cases in which national courts are reluctant to set worldwide FRAND rates absent agreement from the parties”. Access Advance is misreading the decision and misconstruing the power of a US court to hold parties that have made FRAND commitments to those promises, including for foreign standard essential patents."
