Posts Tagged: FRAND


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
6 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
7 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
7 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
7 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
7 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
8 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
8 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
9 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
9 months ago 0

Understanding Damages Calculation in SEP Litigation

Courts around the world have determined appropriate methodologies for calculating damages on standard essential patents (SEPs) for which patent holders have made an assurance to license on …
By Rahul Vijh
10 months ago 1

Ericsson Wins Anti-Interference Injunction Against Samsung in Texas FRAND Case

Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas yesterday issued an order enjoining  Samsung Electronics from taking any action to …
By Eileen McDermott
11 months ago 1

Judge Rader Champions Chinese Courts, Samsung Responds to Ericsson in ED of TX/China FRAND Suit

In contrast to his one time colleague, former Federal Circuit Chief Judge Randall Rader earlier this month filed a Declaration supporting Samsung Electronics in its Opposition to …
By Eileen McDermott
11 months ago 1

Former CAFC Chief Judge Michel Backs Ericsson in FRAND Dispute

On January 5, the Honorable Paul R. Michel filed an amicus brief in support of Ericsson’s Emergency Application for an Anti-Interference Injunction related to Samsung’s lawsuit …
By Rebecca Tapscott
11 months ago 2

Ericsson Wins Temporary Restraining Order Over Samsung in ED TX FRAND Litigation

Earlier today, Judge Rodney Gilstrap of the United States Federal District Court for the Eastern District of Texas issued a temporary restraining order against Samsung in a …
By Gene Quinn
11 months ago 4