Posts Tagged: FRAND
From SEP to Deal: Insights On an Often Long and Challenging Process
In this article, we’re going back to basics and discussing why our smartphones work everywhere, doing things closer to science fiction of the 1960s or 70s …
Allegedly ‘Late’ Disclosure of IP Rights to ETSI Does Not Make Patents Unenforceable in the U.S. or UK
Two recent court decisions in the United States and the United Kingdom, respectively, have considered (i) the disclosure obligation pursuant to Clause 4.1 of the European Telecommunications Standards …
Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims
In a previous article, we discussed the difference between a reasonable royalty for patent infringement and a FRAND licensing rate, both in terms of their origins and …
Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations
The U.S. Court of Appeals for the Fifth Circuit today affirmed an Eastern District of Texas court’s judgment for Ericsson, finding no error in the …
Biden Executive Order’s Approach to SEPs Sells Out American Small Businesses and Innovators
President Joe Biden’s recent executive order was billed as “promoting competition in the American economy,” but is a prime example of why one should always read …
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 …
