Partner Jeffrey Johnson Speaks to Law360 About Motorola's FRAND Ruling
Partner Jeffrey Johnson, a member of Pryor Cashman's Corporate and Intellectual Property Groups, spoke to Law360 for its April 26, 2013 article, “Landmark Motorola FRAND Ruling May Serve As Roadmap.”
The article discusses the potential reverberating impact of U.S. District Judge James Robart’s decision in the case Microsoft Corp. v. Motorola Inc. et al. The case is pending in the U.S. District Court for the District of Washington.
Calculating what constitutes a licensing rate that is fair, reasonable and nondiscriminatory (FRAND), Judge Robart ultimately saved Microsoft Corp. $4 billion in royalty fees and, according to the publication, set out a legal framework for determining a FRAND rate which will benefit the resolution of future disputes if it is upheld on appeal.
When asked about the case, Johnson, who is experienced in the transactional aspects of technology and intellectual property exploitation, told Law360: “This is one of the first times a court has had the opportunity to set forth a means of determining what is a FRAND-based royalty.” “In doing so, the Judge looked at the existing precedent of Georgia-Pacific and expanded on the factors from that case to develop a new set of factors customized to standard-essential patent disputes,” he said.
To read the entire article, please click here.
