is a seasoned IP professional and co-founder of Concur IP Consulting, a leading IP consulting company providing high-end IP services to corporates and law firms. Sachin has worked extensively on patent evaluations, analytics, and research to support clients with patent licensing & acquisition, litigation, and strategy. He has supported clients in some of the largest patent licensing / sales deals in the telecom industry. His expertise in patent evaluation and patent – product / standard overlap analysis has helped clients in making appropriate licensing and acquisition decisions. He has also testified in international arbitration about the process of patent essentiality evaluation. Study performed by his team has been relied upon by the economist to determine FRAND royalty rates for cellular SEPs
Unlike other technologies (e.g. User interface) where the manufacturers have a choice to design around the technology of the patent, in case of SEPs, there is no possible way to avoid infringement and still comply with the standard. On the other hand, non-compliance with standard is a commercially non-viable option. This situation gives the SEPs holders a great leverage to assert their licensing terms. While there have been several cases and rulings in favor of SEP licensees that put some restrictions on the SEP holders regarding their FRAND licensing commitments as well as their abilities to exercise an injunction for infringement of SEPs, lack of clarity on FRAND terms still make the negotiations tough for a potential SEP licensee.