Standard Essential Patents (SEPs) represent pioneering innovation that entire industries will build upon. The ubiquity and importance of the innovations covered by SEPs creates many business and legal problems.
Those contributing patented technologies have agreed to provide fair, reasonable and non-discriminatory (FRAND) licenses to their SEPs. But what happens when implementing companies refuse to take licenses, or even refuse to negotiate in the first place? Should they still be entitled to FRAND? Are injunctions every appropriate in the case of SEPs?
It has always been difficult to determine what is a fair, reasonable and non-discriminatory (FRAND) licensing rate given confidential licenses and litigation settlements, but isn’t it fair to say that Standard Setting Organizations (SSOs) envision good faith attempts by both implementers and innovators to reach a FRAND license through arm’s length negotiation?
Join us Join us November 14-15, 2022, for our Fourth Annual Standardization, Patents & Competition program— a part of the IPWatchdog Masters™ series. This high-level, interactive, limited enrollment program will be held in person in Ashburn, Virginia, just minutes from Dulles International Airport. Discussions will be led by top thought leaders in the industry and will cover what is happening in the Standard Essential Patents industry today.