On February 26, 2014, a Northern District of California federal jury reached a Verdict in Realtek Semiconductor v. LSI and Agere, Case No. C-12-03451 before District Court Judge Ronald M. Whyte determining a FRAND royalty rate for LSI/Agere’s asserted ’958 and ’867 patents.  This is the first time a jury has made a FRAND royalty rate determination.  A week after this Verdict was reached, the ITC decided on March 4, 2013 to terminateCertain Audio Visual Components And Products Containing The Same, Inv. No. 337-TA-837, for no violation, affirming an ALJ’s finding that the accused products were not proven to infringe LSI/Agere’s ’958 patent and reversing the ALJ’s determination that the asserted patent claims were not proven invalid and that a domestic industry exists based on the finding that a licensee’s products were not shown to practice the claims of the asserted ’958 patent.  Notably, Judge Whyte had previously issued a preliminary injunction barring LSI/Agere from enforcing, or seeking to enforce, any exclusion order with respect to the asserted patents issued in the 837 investigation pending a determination of the FRAND issues in the District Court action, an issue that never materialized in view of the foregoing.