Posts Tagged: standard essential patents
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 …
Box Score on the New Madison Approach to Antitrust and Patents
To those of us who breathe intellectual property and innovation, it sounds so obvious to say that consumers benefit greatly from the dynamic competition inventions and IP …
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 …
FRAND-Related Statements for Cellular Wireless SEPS: Implementer Obligations (Part V)
This is the fifth and final article in a series of articles analyzing statements made by various entities in the cellular industry regarding licensing Standard Essential Patents (…
Breaking the 5G Curve by Looking Beyond the U.S. Patent System
A wave of thousands of 5G Self-Declared Standard Essential Patents (SD-SEPs) applicable to everything from devices to network infrastructure is fast approaching. The value of these patents …
Damages for Patent Infringement versus FRAND Licensing Rates
During a recent panel discussion at IP Watchdog’s SEP 2020 Conference, a question arose as to the difference, if any, between a reasonable royalty for infringement of …
SEP Owner Obligations: Analyzing FRAND Statements for Cellular Wireless SEPS (Part IV)
This is the fourth in a series of articles analyzing statements made by various entities in the cellular industry regarding licensing Standard Essential Patents (SEPs) on a …
FRAND Royalty Base Statements and Cellular Wireless Standard Essential Patents (Part III)
This is the third in a series of articles analyzing statements made by various entities in the cellular industry regarding licensing Standard Essential Patents (SEPs) on a …
David Kappos Reflects on the Developing Landscape for SEPs at IPWatchdog’s SEP2020
On day one of IPWatchdog’s SEP2020, keynote speaker David Kappos told IPWatchdog President and CEO Gene Quinn that the IP community should not panic about what …
A Critique of Glory Days and How Reports of Anticompetitive Risks of Pools Have Been Greatly Exaggerated
In a previous article, we laid out the basics of “patent pools”, which license patents that are declared essential for technology standards. A recent article published in …
The Patent Pool Explained: An Effective Mechanism When the Burden is Shared
Implementers of standard essential technology such as Long-Term Evolution (LTE) are constantly attempting to reduce costs for implementation. This behavior has led to certain inefficiencies in the …
Cellular Wireless Standard Essential Patents: A Survey of FRAND-Related Statements
Over the years, several entities have published statements related to licensing 4G/5G cellular wireless Standard Essential Patents (SEPs) on a Fair, Reasonable and Non-Discriminatory (FRAND) basis. …
Federal Circuit Clarifies That Standard-Essentiality is a Question for the Factfinder
On August 4, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. District Court for the District of Delaware …
The New U.S. Essential Patents Statement – Safeguarding the Integrity of the Patent System
In withdrawing the 2013 statement, the new 2019 guidance by the DOJ, NIST and the USPTO states the obvious, i.e. that there is no difference in the law …
