Seeking FRAND: The Licensing and Litigation of SEPs

Seeking FRAND: The Licensing and Litigation of SEPs

View Session Speakers

Innovators commit to providing access to the patents that are or may become necessary to implementations of the standard (i.e., standard essential patents) for a rate that is fair, reasonable and non-discriminatory, or FRAND. This makes what is fair, reasonable, and non-discriminatory the central issue in virtually all licensing negotiations and litigations.

What is a FRAND rate is illusive because there are numerous business factors and realities that go into determining what is fair and reasonable, and what is a fair and reasonable rate for one licensee might not be a fair and reasonable rate for another licensee who is not similarly situated.

This panel will discuss, among other things:

1. The evolution and future of FRAND licensing and litigation, as prominent SEP holders begin to focus on standards outside the cellular arena and attempt to initiate SEP negotiations with IoT developers.
2. When can a SEP holder obtain a remedial order from the International Trade Commission (ITC)?
3. What is the impact a SEP holder’s failure to satisfy a FRAND obligation has during enforcement proceedings?
4. Should SEP holders be required to prove they have offered a FRAND rate, or should implementers have the burden to demonstrate the offer is a FRAND violation, and why?
5. Recent decisions that have taken the view that FRAND obligations are not just limited to the SEP-holder, which require an implementer to negotiate in good faith or waive FRAND defenses.

Materials

G+ Communications v. Samsung: Splitting the FRAND Baby

Losing Out on FRAND Rates as an Unwilling Licensee

The Top U.S. FRAND / RAND Licensing Developments of 2023 [ Part 1 ] [ Part 2 ]

A New Path to Truly Fair FRAND Rates

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

Survey

https://www.surveymonkey.com/r/seeking-FRAND