FRAND Sample Clauses
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FRAND. To further the Open Architecture requirements of this Contract and to optimize achievement of the Authority benefits set out in the Contract Sections immediately above, entitled "Open Standards" and "Software User Group", the Contractor agrees to provide to Third Parties licensing terms for Intellectual Property Rights owned or controlled by the Contractor in the NEPP System (including Equipment and Licensed Software), on fair, reasonable, and non-discriminatory ("FRAND") terms.
FRAND. However, in breach of InterDigital’s contract with ETSI, InterDigital is 10 attempting to extract from u-blox supra-competitive royalties which are not on 11 FRAND terms. See ▇▇▇▇▇ Decl. at ¶¶ 20 – 21. Among other things, 12 14 Id. at ¶¶ 21 – 22. In 15 addition, a study conducted by Concur IP as part of unrelated litigation, 16 19 See Complaint ¶¶ 101-103. Compare to TCL where the Court used a total 20 royalty stack of between only 6-10% for a license to all 4G SEPs. TCL Commc’n 21 Tech. Holdings, 2017 WL 6611635, at *26 24 As explained 25 above, there is no legitimate reason for Interdigital to contact u-blox’s customers or 26 downstream manufacturers because u-blox is willing and committed in good faith to 27 finalize a new PLA. 1 A number of cases that have been litigated in U.S. courts demonstrate that 2 patent hold-up is a widespread problem, with SEP owners violating their FRAND 3 commitments by making royalty demands significantly above the adjudicated
FRAND. To the Knowledge of Seller, none of the IP Rights is subject to an obligation to license royalty free, or to any fair, reasonable, and non-discriminatory (hereinafter “FRAND”) or reasonable and non-discriminatory (hereinafter “RAND”) conditions.