Posts Tagged: standard essential patents


Drilling Down on Criticism of Top-Down Approach to Determining Essentiality

Last week, an article was published on the Social Science Research Network (SSRN) website by Matteo Sabattini, who is the director of IP Policy at Ericsson. SSRN …
By Tim Pohlmann
2 months ago 0

The Burden of Proof regarding Cellular Wireless Standard Related Patents: Final Thoughts for Our Critics

Do owners of patents for which licensing declarations have been made enjoy more rights than other patent holders? Do such licensing declarations impose obligations on potential licensees …
By Curtis Dodd & Chris Dubuc
2 months ago 1

The SSPPU is the Appropriate Royalty Base for FRAND Royalties for Cellular SEPs

A recent series of five articles on IPWatchdog address various aspects of licensing cellular standard essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms by examining …
By Timothy Syrett
5 months ago 2

SEP Litigation Trends: What Does the Data Say?

Standard-essential patents (SEPs) are on the rise as the number of yearly newly declared patents has almost tripled over the past five years; there were 6,457 net new …
By Tim Pohlmann
5 months ago 0

A Standard Essential Patent Valuation Perspective on Ericsson v. Samsung

As the battle over the adequate forum for Ericsson v. Samsung continues, the question arises as to how the court will eventually deal with the valuation of …
By Roya Ghafele
5 months ago 0

5G RAN Developments: Challenges and Opportunities for Patent Licensing in a 5G Future

Much has been said about how 5G will better use the airwaves, giving wings to new communications between people and between devices. Little has been said though …
By Craig Thompson
6 months ago 0

The Fairness of FRAND: Patent Pools, SSO Policies and the Way Forward

Standard Essential Patents (SEPs), as the name suggests, are an essential set of patents used for the implementation of a standardized technology. This set of patents renders …
By Dhananjay Kumar Das
6 months ago 1

What the Latest Optis Wireless v. Apple Ruling Means for Patent Infringement Damages for SEPs

In a previous article, we considered the difference between a reasonable royalty for infringement of a U.S. patent and a fair, reasonable and non-discriminatory (FRAND) rate …
By Curtis Dodd
7 months ago 0

Determining Essentiality: An Analysis of SEPs and Tips to Avoid Over-Declaration

A close examination of SEP databases reveals that a large number of patents that have been declared SEPs are not essential.... Patent owners are obliged to declare …

The New Madison Approach and the Harmonization of Antitrust and Patent Law: A Retrospective Summary

In a major 2018 speech, Justice Department Assistant Attorney General for Antitrust Makan Delrahim enunciated a “New Madison Approach” (NMA) (a tribute to James Madison’s support for …
By Alden Abbott
7 months ago 0

Box Score on the New Madison Approach to Antitrust and Patents

To those of us who breathe intellectual property and innovation, it sounds so obvious to say that consumers benefit greatly from the dynamic competition inventions and IP …
By James Edwards
8 months ago 1

Understanding Damages Calculation in SEP Litigation

Courts around the world have determined appropriate methodologies for calculating damages on standard essential patents (SEPs) for which patent holders have made an assurance to license on …
By Rahul Vijh
8 months ago 1

FRAND-Related Statements for Cellular Wireless SEPS: Implementer Obligations (Part V)

This is the fifth and final article in a series of articles analyzing statements made by various entities in the cellular industry regarding licensing Standard Essential Patents (…
By Curtis Dodd & Chris Dubuc
9 months ago 2

Breaking the 5G Curve by Looking Beyond the U.S. Patent System

A wave of thousands of 5G Self-Declared Standard Essential Patents (SD-SEPs) applicable to everything from devices to network infrastructure is fast approaching. The value of these patents …
By Shawn Ambwani & Sam Jaffna
10 months ago 12

Damages for Patent Infringement versus FRAND Licensing Rates

During a recent panel discussion at IP Watchdog’s SEP 2020 Conference, a question arose as to the difference, if any, between a reasonable royalty for infringement of …
By Curtis Dodd
10 months ago 0