Article
Brazilian Court-appointed Expert Reports Demonstrate SEP Owners’ FRAND Compliance: Comparable Licenses Can Lead To Evidence-based Preliminary Injunctions
Brazilian courts have developed a sophisticated framework for handling Standard Essential Patent disputes, combining early expert appointments with FRAND compliance assessments. This approach examines whether patent owners' licensing offers are rationally justified and non-discriminatory, while rejecting the practice of courts unilaterally setting royalty rates or requiring interim payments.
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