(F)RAND

November 1, 2017
Sidak, Gregory

Comments on the Japan Guidelines for Licensing Negotiations Involving Standard-Essential Patents

Gregory Sidak's comments on the proposed Japan Guidelines for Licensing Negotiations Involving Standard-Essential Patents.Read More

September 14, 2017
Layne-Farrar, Anne and Wong-Ervin, Koren

Methodologies for calculating FRAND damages: an economic and comparative analysis of the case law from China, the European Union, India, and the United States

Abstract

In the last several years, courts around the world, including in China, the European Union, India, and the United States, have ruled on appropriate methodologies for calculating either a reasonable royalty rate or reasonable royalty damages on standard-essential patents (SEPs)...Read More

August 8, 2017
Contreras, Jorge

Aggregated Royalties for Top-Down FRAND Determinations: Revisiting 'Joint Negotiation'

In an environment in which widely-adopted technical standards may each be covered by large numbers of patents, there have been increasing calls for courts to determine “fair, reasonable and non-discriminatory” (FRAND) royalties payable to holders of standards-essential patents (SEPs) using “top-...Read More

February 7, 2017
Epstein, Richard and Noroozi, Kayvan

Why Incentives for 'Patent Holdout' Threaten to Dismantle FRAND, and Why it Matters

This paper demonstrates that an implementer-centric view of FRAND is false and incentivizes the very patent holdout problem FRAND was intended to avoid. An increasing number of judges, legislators and scholars wrongly believe that the FRAND commitment was principally created to advance the...Read More

12/13/2016
Petit, Nicolas

EU Competition Law Analysis of FRAND Disputes

Abstract

This paper describes the degree of obligation created by a FRAND commitment on the holders of a Standard Essential Patent (“SEP”) from an EU competition law perspective. It shows that the EU courts case-law does not seem supportive of the reading of FRAND as a distributional, pricing...Read More

11/18/2016
Layne-Farrar, Anne and Wong-Ervin, Koren

Standard-Essential Patents and Market Power

While most agencies that have addressed the issue recognize that intellectual property rights (IPRs), including standard-essential patents (SEPs), do not necessarily confer market power, there remains much confusion over how to determine the proper relevant market and the issue of whether a...Read More

November 2016
Teece, David and Sherry, Ed

A Public Policy Evaluation of RAND Decisions in the U.S. Courts

Standards-setting organizations (SSOs) typically ask holders of patents that are believed to be “essential” to the manufacture of standards-compliant products (sometimes termed standard-essential patents or “SEPs”) to commit to making licenses available to an “unlimited” number of potential...Read More

September 2016
Baron, Justus and Pentheroudakis, Chryssoula and Thumm, Nikolaus

FRAND Licensing In Theory And In Practice: Proposal For A Common Framework

September 2016
Sher, Scott and Tennis, Bradley

Exploiting Others’ Investments in Open Standards

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