Playing the ratings game – Ninth Circuit provides RAND rate guidance

Description

Abstract: The interoperability of today’s technological devices requires many behind-the-scenes license agreements. For evidence, one need look no further than a recent appellate court decision regarding the proper rate Microsoft must pay another tech company to use its ubiquitous patented technology. This article explores the case, which provides valuable guidance on how such “reasonable and nondiscriminatory” (RAND) rates should be set. A sidebar looks at the role of jurisdiction in the case.