Posts Tagged: standard essential patents
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 …
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 …
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 …
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: Challenges and Opportunities for Patent Licensing in a 5G Future
Much has been said about how 5G will better use the airwaves, giving wings to new communications between people and between devices. Little has been said though …
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 …
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 (…
