[License-discuss] The Meaninglessness of FRAND

Lawrence Rosen lrosen at rosenlaw.com
Thu Dec 5 18:59:37 UTC 2019

Dear open source advocates,


I attach a recent decision of the Court of Appeals for the Federal Circuit
(CAFC) to determine whether certain patent rights relating to
standard-essential patents incorporated into mobile communications standards
were "fair, reasonable and non-discriminatory (FRAND)". 


This decision proves my contention that the term FRAND is a ridiculous
attempt to impose logic on the illogical application of patents to
standards. It demonstrates, as an experienced patent attorney described it
to me, that you need "a shitload (a term of art in many patent cases) of
money to litigate these issues." 


The CAFC's decision was to remand the case for a jury trial in California.


I'll bet nobody here understands what FRAND means even after this
illustrious court rendered its decision.


Best regards, /Larry


Lawrence Rosen

This email is licensed under  <https://creativecommons.org/licenses/by/4.0/>
CC-BY-4.0. Please copy freely.  


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