FRAND licensing of the digital TV standard litigation


In a matter that began as a patent infringement case where several patent contributors to the MPEG LA patent pool for the ATSC (digital TV) standard sued the defendant for infringement. The defendant then countersued alleging the pool was a front for collusion and price fixing, leading to supra-FRAND royalty rates, discriminatory licensing, and market foreclosure. A CRA expert provided economic analysis of FRAND licensing, the economic motivations of patent pools, the conduct of the patent holders, and the state of competition in the relevant markets.


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