Posts Tagged: FRAND


The Burden of Proof regarding Cellular Wireless Standard Related Patents: Final Thoughts for Our Critics

Do owners of patents for which licensing declarations have been made enjoy more rights than other patent holders? Do such licensing declarations impose obligations on potential licensees …
By Curtis Dodd & Chris Dubuc
6 days ago 1

FRAND Royalty Base Statements and Cellular Wireless Standard Essential Patents: A Reply to a Responsive Article

In a previous series of articles that were published on IPWatchdog, we analyzed and categorized various fair, reasonable and non-discriminatory (FRAND)-related statements made by a variety …
By Curtis Dodd & Chris Dubuc
18 days ago 1

Standard Essential Patents and Legal Risks Across Industries

The next industrial revolution will not only impact the smartphone and computer world but will spread to many more industrial verticals. Automotive, manufacturing, energy, health care, and …
By Tim Pohlmann
18 days ago 0

Using AI to Valuate and Determine Essentiality for SEPs

One of the major challenges when licensing, transacting, or managing Standard Essential Patents (SEPs) is that there is no public database that provides information about verified SEPs. …
By Tim Pohlmann
1 month ago 15

Nokia and Harting at the CJEU: The Issues Explained

Two cases pending at the EU Court of Justice (CJEU) address, respectively, questions on the licensing of standard essential patents (SEPs), and the availability of interim measures …
By James Nurton
2 months ago 0

Transparency in 3G/4G/5G FRAND Licensing and ETSI’s IPR Database

A disturbing trend has recently emerged whereby an alleged lack of transparency associated with the European Telecommunications Standards Institute (ETSI) intellectual property rights database (IPR Database) is …
By Curtis Dodd & Chris Dubuc
2 months ago 0

Unpacking 5G SEPs and Standards Contribution Data

With multiple reports published by many different entities on 5G leadership, it is hard to know who to believe, as there is little transparency about where the …
By Tim Pohlmann
2 months ago 1

The SSPPU is the Appropriate Royalty Base for FRAND Royalties for Cellular SEPs

A recent series of five articles on IPWatchdog address various aspects of licensing cellular standard essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms by examining …
By Timothy Syrett
3 months ago 2

A New Trial is Ordered with Respect to Damages in Optis Wireless v. Apple, Despite No FRAND Claims at Issue

On April 14, 2021, in a somewhat surprising about face, Judge Rodney Gilstrap ordered a new trial with respect to damages in Optis Wireless Technology, LLC et al. v. …
By Curtis Dodd
3 months ago 0

A Standard Essential Patent Valuation Perspective on Ericsson v. Samsung

As the battle over the adequate forum for Ericsson v. Samsung continues, the question arises as to how the court will eventually deal with the valuation of …
By Roya Ghafele
3 months ago 0

Tillis, Michel and Iancu Back Ericsson in Heated International FRAND Dispute with Samsung

In the latest phase of an international dispute between Samsung Electronics and Ericsson, Senator Thom Tillis (R-NC), Judge Paul Michel and former U.S. Patent and Trademark …
By Eileen McDermott
3 months ago 2

The Fairness of FRAND: Patent Pools, SSO Policies and the Way Forward

Standard Essential Patents (SEPs), as the name suggests, are an essential set of patents used for the implementation of a standardized technology. This set of patents renders …
By Dhananjay Kumar Das
4 months ago 1

What the Latest Optis Wireless v. Apple Ruling Means for Patent Infringement Damages for SEPs

In a previous article, we considered the difference between a reasonable royalty for infringement of a U.S. patent and a fair, reasonable and non-discriminatory (FRAND) rate …
By Curtis Dodd
4 months ago 0

Determining Essentiality: An Analysis of SEPs and Tips to Avoid Over-Declaration

A close examination of SEP databases reveals that a large number of patents that have been declared SEPs are not essential.... Patent owners are obliged to declare …

The New Madison Approach and the Harmonization of Antitrust and Patent Law: A Retrospective Summary

In a major 2018 speech, Justice Department Assistant Attorney General for Antitrust Makan Delrahim enunciated a “New Madison Approach” (NMA) (a tribute to James Madison’s support for …
By Alden Abbott
5 months ago 0