Legal Remedies for Patent Infringement: From General Principles to FRAND Obligations for Standard Essential Patents

At present, the traditional informal mechanisms for setting FRAND rates for SEPs have come under extensive attack by the Federal Trade Commission and elsewhere, from those who believe more limited damages and less frequent injunctions o!er the best path to resolving disputes over Standard Essential Patents. In this article we take issue with those conclusions. Richard A. Epstein (New York University School of Law) & David J. Kappos (Cravath, Swaine & Moore LLP)