Alternative Dispute Resolution Processes That Can Resolve FRAND Disputes Better Than District Court Litigation

摘要

While the opinions in the Microsoft and Innovatio cases display careful analysis by Judges Robart and Holderman, the complexity of such analyses introduces room for miscalculation by even the most skilled and intelligent jurists. Conceivably there are myriad variables and factors in any analysis of a fair, reasonable, and nondiscriminatory royalty, and a multitude of methodologies by which an analysis could be approached. Whether using a "top down" approach, "bottom up" approach, or placing a primary focus on avoiding royalty stacking, a FRAND analysis-similar to a valuation of real property-is not an exact science and may never lend itself to a completely satisfactory conclusion.