Shooting from the Hip: The CAFC'S Sua Sponte Interpretation of ETSI's IPR Licensing Declaration

The CAFC's decision marks a significant shift in the interpretation of ETSI licensing obligations, stressing the need for good faith negotiation before seeking injunctive relief.

Lenovo's argument emphasizes that Ericsson's FRAND commitment requires negotiation before any enforcement of injunctions, an expectation not previously enforced by courts.

The court's introduction of contract-interpretation aspects in the case emphasizes the growing importance of ETSI's role in setting standards for licensing agreements.

Around thirty years without prior acknowledgment of contractual obligations under ETSI licensing highlights the unexpected nature of the CAFC's recent ruling.

Read at IPWatchdog.com | Patents & Intellectual Property Law