September 2016
Kattan, Joseph and Ordover, Janusz and Shampine, Allan

FRAND and the Smallest Saleable Unit

Geradin, Damien

FRAND Arbitration: The Determination of Fair, Reasonable and Non-Discriminatory Rates for SEPs by Arbitral Tribunals

At the core of most disputes concerning the licensing of standard-essential patents (SEPs) lies the inability of the SEP holder and the standard implementer to agree on fair, reasonable and non-discriminatory (FRAND) license terms. As an alternative to court litigation, a growing number of...Read More

Treffers, Menno

A micro-economic estimate of the reasonable royalty rate for standard essential patents

Standards Development Organizations (SDOs) usually require that companies participating in creating the standard commit to license their essential patents on “reasonable and non-discriminatory” (RAND) terms and conditions, although they don’t specify what RAND means exactly. Some require “fair,...Read More


Saint Lawrence Judgment

Spring 2016
Gupta, Kirti

FRAND in India: Emerging Developments


Commonwealth Scientific and Industrial Research Organisation v. Cisco Systems, Inc.

Opinion and Judgment of U.S. Court of Appeals, Federal Circuit Case No. 15-1066 (2015)Read More

December 2015

Assertion of Standards-Essential Patents by Non-Practicing Entities

An extensive literature exists regarding the patent disclosure and licensing commitments made by participants in standard-setting organizations (SSOs), and the assertion of patents by non-practicing entities (NPEs). This study is the first to assess the degree to which NPEs have asserted...Read More

Rato, Miguel and English, Mark

An Assessment of Injunctions, Patents, and Standards Following the Court of Justice’s Huawei/ZTE Ruling


In its Huawei/ZTE ruling, the Court of Justice of the EU establishes the legal standard for a fair, reasonable, and non-discriminatory (FRAND) defence in EU competition law as a basis for resisting injunction requests in respect of alleged infringement of a standard essential patent. In...Read More