Taking the FRAND-ly approach: a first look at FRAND battles in India
Published: 10/28/14Read More
28th
Oct,14
22nd
Sep,14
FTC’s Top IP Atty Says SEP Abuse Still A Priority
Published: 9/22/14Read More
19th
Sep,14
Google wants reversal or new trial in Microsoft-Motorola FRAND case: opening brief
Published: 9/19/14Read More
14th
Sep,14
Why FRAND Commitments are Not (usually) Contracts
Published: 9/14/14Read More
16th
May,14
Apple Japan Godo Kaisha v. Samsung Electronics Co
Published: 5/16/14In this case, the Tokyo High Court established a FRAND royalty for patents essential to the Universal Mobile Telecommunications System (“UMTS”) standard. The court determined that the aggregate royalty stack for licenses to UMTS SEPs should not exceed 5% based on its understanding that many SEP holders under that [...]
29th
Apr,14
Case No. AT.39939
Published: 4/29/14European Commission accepted commitments from Samsung not to seek injunctions with respect to FRAND-encumbered SEPs for smartphones and tablets against licensees that agree to a licensing framework. These commitments resolved allegations in a Statement of Objections issued by the Commission to Samsung in which the Commission expressed its preliminary [...]
25th
Apr,14
Apple, Inc. v. Motorola, Inc., 869 F. Supp. 2d 901 (N.D. Ill. 2012)
Published: 4/25/14The trial court decision was rendered by Court of Appeals Judge and leading antitrust scholar Richard Posner. In that decision, Judge Posner rejected Motorola’s request to enjoin Apple from practicing FRAND-encumbered SEPs owned by Motorola, stating: “I don't see how, given FRAND, I would be justified in enjoining Apple [...]
1st
Jan,14
The Smartphone Royalty Stack: Surveying Royalty Demands for the Components Within Modern Smartphones
Published: 1/1/14 This article estimates the royalty stack for smartphones on the basis of publicly available information regarding licensing terms. The article presents a “bottom-up” analysis of smartphone royalties by examining the potential royalty burden on the major technologies and components in smartphones. According to the article, “setting aside off-sets [...]
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)
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-Essential Patents and the Problem of Hold-Up
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 [...]