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 …
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 …
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 …
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. …
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 …
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 …
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 …
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 …
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. …
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 …
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 …
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 …
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 …
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 …
