Kevin A. Zeck Counsel

Tom Millikan and Kevin Zeck authored an article published in Law360 titled "The Year In FRAND: What To Know Heading Into 2024"  about significant developments that occurred in 2023 concerning the fair, reasonable and nondiscriminatory patent licensing regime and what to expect in the coming year.

The Antitrust Division of the U.S. Department of Justice, the U.S. Patent and Trademark Office, and the National Institute of Standards and Technology announced the withdrawal of a 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments.

Judge Lucy Koh of the U.S. District Court for the Northern District of California ruled for the FTC last week in its antitrust enforcement action against Qualcomm. 

On April 20, the Federal Circuit issued its long-awaited en banc decision in TiVo Inc. v. EchoStar Corp.,[1] vacating one ground for a contempt citation but affirming the other and upholding a $90 million sanction.  Along the way, the court significantly revised its approach to contempt proceedings in ways that may both help and hurt patentees in future cases.

Contributed to written materials for CLE presentation by T. Andrew Culbert.