allthingsfrand – Page 38 – All Things FRAND

20th Dec,13

Brief of Amicus Curiae the Institute of Electrical and Electronics Engineers in Support of No Party, Ericsson Inc. v. D-Link Systems, Inc., U.S. Court of Appeals for the Federal Circuit (2014)

2017-05-22T19:17:56+00:00By allthingsfrand|

Published: 12/20/13In these two briefs, the IEEE, a leading standard setting organization in the computing and networking industries, explains the process through which it develops industry standards, including the process of seeking FRAND commitments from standard-setting participants. The IEEE then goes on to explain that it seeks FRAND commitments to [...]

19th Dec,13

Standard Setting, Patents, and Hold-Up

2017-05-22T19:17:56+00:00By allthingsfrand|

Published: 12/19/13Publication: Antitrust Law JournalThis article discusses the problem of patent hold-up, which arises because the adoption of standards increase the value of patents once they are incorporated into standards. Those “standard essential patents” must now be licensed based on their ex ante value, when alternative technologies could have been [...]

19th Dec,13

Standard-Essential Patents and the Problem of Hold-Up

2017-05-22T19:17:56+00:00By allthingsfrand|

Published: 12/19/13This article discusses the hold-up problem and uses data from adjudicated FRAND determinations to illustrate the royalty stacking problem. The article endorses the ex ante approach to FRAND royalty setting, citing evidence that SSOs typically choose from among multiple technologies that offer alternative approaches to solving each technological issue [...]

30th Jul,13

Prepared Statement of the Federal Trade Commission Before the United States Senate Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights Concerning “Standard Essential Patent Disputes and Antitrust Law”

2017-05-22T19:17:56+00:00By allthingsfrand|

Published: 7/30/13In this statement, the FTC explained the potential of FRAND abuse to facilitate hold-up of standard implementers. The Commission stated that “incorporating patented technologies into standards also has the potential to distort competition by enabling SEP holders to use the leverage that they may acquire as a result of [...]

2nd Jul,13

Strategic Patent Acquisitions

2017-05-23T03:43:59+00:00By allthingsfrand|

Published: 7/2/13 Publication: Antitrust Law Journal This economic paper, focused largely on patent assertion entities, also explains that even a risk-neutral licensee would be willing to pay more than three times the FRAND value of a SEP to avoid the smallest chance of losing in court. Read More

20th May,13

In re Certain Electronic Devices, Including Wireless Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers

2017-05-22T19:17:56+00:00By allthingsfrand|

Published: 5/20/13This investigation by the U.S. International Trade Commission (ITC) was based on a complaint filed by Samsung against Apple regarding alleged infringement of several of its patents on smartphones and tablets. Apple asserted that Samsung was precluded from seeking any form of injunctive relief (such as a cease-and-desist or [...]

20th May,13

In re Innovatio IP Ventures, LLC Patent Litig.

2017-05-22T19:17:56+00:00By allthingsfrand|

Published: 5/20/13This decision established a FRAND royalty rate for Innovatio’s portfolio of 802.11 (Wi-Fi) SEPs. The court determined the royalty rate based on a hypothetical negotiation occurring “at the time of the initial adoption of the 802.11 standard,” and thus before implementers were locked into using patents that are essential [...]

20th May,13

Realtek Semiconductor Corp. v. LSI Corp.

2017-05-22T19:17:56+00:00By allthingsfrand|

Published: 5/20/13The plaintiff in this case, Realtek, a manufacturer of Wi-Fi chips, asserted that LSI, a holder of two FRAND-encumbered Wi-Fi SEPs, breached its FRAND obligation by seeking an exclusion order (the equivalent of an injunction) against the importation of Realtek’s Wi-Fi chips and sought an order barring LSI from [...]

20th May,13

Realtek Semiconductor Corp. v. LSI Corp., 946 F. Supp. 2d 998 (N.D. Cal. 2013)

2017-05-22T19:17:56+00:00By allthingsfrand|

Published: 5/20/13The plaintiff in this case, Realtek, a manufacturer of Wi-Fi chips, asserted that LSI, a holder of two FRAND-encumbered Wi-Fi SEPs breached its FRAND obligation by seeking an exclusion order (the equivalent of an injunction) against the importation of Realtek’s Wi-Fi chips and sought an order barring LSI from [...]

29th Apr,13

Antitrust decisions on standard essential patents (SEPs) – Motorola Mobility and Samsung Electronics – Frequently asked questions

2017-05-22T19:17:56+00:00By allthingsfrand|

Published: 4/29/13In announcing enforcement actions involving the invocation of injunctive relief by two holders of FRAND-encumbered SEPs, the European Commission stated that “it is anti-competitive to use injunctions in relation to SEPs in the following circumstances: when in a standardisation context, a SEP holder has committed to license the SEP [...]

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