Intellectual Property Magazine
TCL Commc’n Tech Holdings Ltd v Telefonaktiebolaget LM Ericsson
US Court of Appeals for the Federal Circuit, 5 December 2019
David McCombs, Eugene Goryunov, and Angela Oliver, Haynes and Boone
In TCL, the court focused on the release payment term(and its characterisation) as the basis for the right to a trial by jury.But
other licensing structures may not include such a term or could attempt tocharacterise a similar term as equitable, potentially
negating the need for ajury.