On December 4, 2014, the Federal Circuit issued an Opinion vacating and remanding a jury damages award, based on infringement of standard essential patents to the Wi-Fi standard, of “roughly $10 million in damages – approximately 15 cents per infringing device” in Ericsson v. D-Link, 2014 U.S. App. LEXIS 22778.  The Court conceded that the issue of “appropriate RAND royalty rates” is an issue of first impression for the Federal Circuit.  The Court made several determinations regarding the proper assessment of a RAND royalty rate in a jury case that are pertinent to a district court’s determination of such a rate in a bench trial or the determination of whether a good faith license offer was made before a party seeks an exclusion order in the ITC.  For example, the Court found, inter alia, that:  (1) “any royalty award must be based on the incremental value of the invention, not the value of the standard as a whole or any increased value the patented feature gains from its inclusion in the standard”; and (2) “any royalty for the patented technology must be apportioned from the value of the standard as a whole” based on the apportionment principles laid out by the Supreme Court in Garretson v. Clark, 111 U.S. 120 (1884).  The Court further noted that in a case of RAND-encumbered patents, many of the Georgia-Pacific factors “simply are not relevant; many are even contrary to RAND principles.”