Charles River Associates (CRA)

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


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

April 26, 2017
Wong-Ervin, Koren and Ginsburg, Douglas and Layne-Farrar, Anne and Robins, Scott and Slonim, Ariel

A Comparative and Economic Analysis of the U.S. FTC’s Complaint and the Korea FTC’s Decision Against Qualcomm

On January 17, 2017, the U.S. FTC filed a lawsuit against Qualcomm based on a “monopoly broth” or course of conduct theory for alleged monopoly maintenance in certain narrowly defined baseband processor markets. In a jurisdiction on the other side of the globe, the KFTC issued an administrative...Read More

Charles River Associates

Transparency, Predictability, and Efficiency of SSO-based Standardization and SEP Licensing

A recent study, commissioned by the European Commission, looks at several issues related to standardization including: “patent hold-up”, “royalty stacking”, and licensing practices. The study concludes that long-held SEP licensing practices -- whole portfolio licensing, licensing at device...Read More

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

Layne-Farrar, Anne

What Can the FTC’s PAE Study Teach Us?

The survey of so-called Patent Assertion Entities, or PAEs, currently being conducted by the Federal Trade Commission (FTC) under its 6(b) authority has been broadly discussed and the results are much anticipated. The FTC’s study is meant to move past the limited information that can be gleaned...Read More

February 2016
Layne-Farrar, Anne

Why Patent Holdout is Not Just a Fancy Name for Plain Old Patent Infringement

In some circles, patent holdout is dismissed as no more than a fancy name for regular patent infringement. The thinking here is that when an implementer does not take a license to SEPs, it can be sued for patent infringement just as with any other patent. Thus, patent holdout is merely old wine...Read More

June 2015
Layne-Farrar, Anne and Salinger, Michael

Bundling of Rand-Committed Patents

Layne-Farrar, Anne

A review of IPR policy revisions in the wake of antitrust actions

The debate over potential antitrust concerns for the use of protected intellectual property within standard setting often centers on the rules and regulations in place at Standard Setting Organizations (SSOs). I consider a broader question of IPR policy: what are SSOs doing, of their own...Read More

Layne-Farrar, Anne

Methodologies For Calculating FRAND Damages: Part 2

In the first installment of this series, we discussed the primary concerns underlying FRAND licensing rate and damages assessments, namely patent hold-up and royalty stacking. We concluded part 1 by observing that a FRAND rate assessment focused on the value to the standard and products...Read More