Posts Tagged: SEPs
Drilling Down on Criticism of Top-Down Approach to Determining Essentiality
Last week, an article was published on the Social Science Research Network (SSRN) website by Matteo Sabattini, who is the director of IP Policy at Ericsson. SSRN …
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 …
Determining When a Patent Portfolio is Standard-Essential: A Probabilistic Approach
In recent years, several patent experts and commentators have claimed that there are too many “low-quality” patents being granted by patent offices around the world, or that …
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. …
The DOJ Antitrust Division: Regulatory Capture at the Expense of U.S. Interests
Historically an esoteric area of law, in recent years, antitrust policy is drawing broader attention as a tool to curb the exercise of monopolistic market power, especially …
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. …
SEP Litigation Trends: What Does the Data Say?
Standard-essential patents (SEPs) are on the rise as the number of yearly newly declared patents has almost tripled over the past five years; there were 6,457 net new …
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 …
5G RAN Developments: Landscape and Liability
Changes in the 5G radio access network (RAN) are likely to increase interest in monetizing patents essential to RAN equipment and operations (RAN SEPs). One of these …
