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JVC Kenwood Corp. v. Nero, Inc.
'' JVC Kenwood Corp. v. Nero, Inc.'', 797 F.3d 1039, 2015 U.S. App. LEXIS 14402 (Fed. Cir. Aug. 17, 2015), is a 2015 decision of the United States Court of Appeals for the Federal Circuit concerning the rights of end users who purchase products subject to fair, reasonable, and nondiscriminatory (FRAND) licensing under an industry-wide patent pool of standards-essential patents, and of suppliers of software to the end users. The Federal Circuit held that, where the patent holder had authorized sales to end users of optical discs compliant with the standard, which embodied the patents' essential features and were reasonably intended only to be used to practice the patents, the patent owner had no direct infringement claim against the end users without proof that the end-users were using unlicensed discs. The patent holder therefore had no claim for contributory infringement or induced infringement against a software company for selling software to the end users for use with the licensed discs. The decision is said to be an important one for clarifying the rights of downstream users and their suppliers in the context of patent pools and FRAND licensing.〔See Dennis Crouch, (''Federal Circuit Stops Downstream Enforcement of Standard-Essential DVD Patents'' ), (Aug. 17, 2015).〕
==Background==
JVC Kenwood Corporation sued Nero, Inc. and Arcsoft, Inc. for contributory and induced infringement (so-called indirect infringement) of six JVC patents on various uses of DVD and Blu-ray optical discs. The charge of indirect infringement is based on Nero's sale of software to end users of DVD and Blu-ray discs, who purchased licensed discs and then allegedly directly infringed the JVC patents by using Nero's software. The software helps users burn and play optical discs on their computers.〔Crouch.〕 The district court summarized JVC's infringement theory as follows:
JVC's theory of infringement rests on the compliance of Nero's software with the same DVD and Blu-ray standards deemed essential to the manufacture, sale, and use of the licensed DVD and Blu-ray optical discs. This theory states that each patent is essential to playing, copying, and recording data on an optical disc compliant with the DVD or Blu-ray standard. The Nero software must practice the patents because the Nero software is used in conjunction with standards-compliant DVD or Blu-ray optical discs.〔(''JVC Kenwood Corp. v. Arcsoft, Inc.'' ), 966 F. Supp. 2d 1003, 1014 (C.D. Cal. 2013).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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