KONINKLIJKE PHILIPS N.V. v ASUSTEK COMPUTER INCORPORATION (No. 2)

Abstract

H1 Patents – European patents – Standards essential patents – Infringement – FRAND trials – Striking out – Defendant no longer seeking FRAND licence and offering to submit to injunctive relief and pay damages for past acts of infringement – Damages remaining at large – Application to be removed from trial to determine FRAND royalty rate – Basis of assessment of damages – Relevance of terms of any FRAND licence settled by the court – Scope of sales for which damages payable – Assessment of appropriate royalty rate