November 14-15, 2022
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Event Session

What Exactly is FRAND?

November 14, 2022 @ 11:00 AM EST

11:00 AM ET
November 14, 2022

What Exactly is FRAND?

View Session Speakers

Standard Development Organizations (SDOs) exist as a mechanism for industry innovators to work together to collectively identify and select the best and most promising innovations that will become the foundation for the entire industry to build upon for years to come. Those contributing patented technologies to the development of a standard are asked to— and do agree to— provide a license at a FRAND (which stands for Fair, Reasonable and Non-Discriminatory) rate. In essence committing to providing access to patents that are or may become necessary to the implementation of the standard (i.e., standard essential patents).

While all of this is easy to state, perhaps because there is so much money at stake words and concepts are twisted to create negotiation, legislative, litigation and political advantage. In recent years, many of the largest implementers have began arguing that the FRAND commitment agreed by SEP owners is a “promise” to license. But does the FRAND obligation amount to a promise to license, or is it a promise to negotiate in good faith?

We will begin our dive into the nuances by taking a look at what FRAND actually means, and what SEP owners actually agree to when they participate in an SDO.

 

Materials*

SEP Licensing is Not a Promise, It’s a Two-Way Street

 

* A Note on Materials: We apply for MCLE in Virginia, as well as other jurisdictions (see the MCLE tab in the navigation bar above). MCLE regulations require substantive writing on the topic covered during the presentation. The materials provided, often published by IPWatchdog.com authors and contributors, relate to the topic but are not intended to pigeon-hole guest speakers in any way. They are intended to be informative and elucidate the issues that will be discussed, although not necessarily represent the point of view that will be taken by any particular panelist. To date the articles we have selected have always been sufficient to satisfy MCLE authorities.



Add to Calendar 02/02/2023 2:45 AM America/New_York What Exactly is FRAND?

Standard Development Organizations (SDOs) exist as a mechanism for industry innovators to work together to collectively identify and select the best and most promising innovations that will become the foundation for the entire industry to build upon for years to come. Those contributing patented technologies to the development of a standard are asked to— and do agree to— provide a…

Session Speakers

Hon. Theodore Essex

Senior Counsel

Hogan Lovells

John Kolakowski

Director of Patent Licensing

Nokia

Curtis Dodd

Chief Intellectual Property Officer

Harfang IP

Jon Putnam

Founder and Principal

Competition Dynamics, Inc.

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