Published: 1/8/13In this joint statement, the U.S. Justice Department’s Antitrust Division and the Patent and Trademark Office addressed the benefits of collaborative standards development through standards organizations and the risks to competition associated with patent hold-up, which may occur after standardization. According to the statement, “when a standard incorporates patented [...]
Published: 1/2/14In his op-ed Mr. Dhal, former Chairman of the Competition Commission of India (CCI), summarizes the complaint Micromax brought against Ericsson for allegedly violating its FRAND commitments by charging exorbitant and discriminatory royalty rates for SEPs (see summary of complaint on web page addressing materials by antitrust agencies). Mr. [...]
Published: 1/1/14In 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 [...]
Published: 1/1/14In 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 [...]
Published: 1/1/13In this decision, a Chinese appellate court determined the FRAND royalty for FRAND-encumbered SEPs relating to various telephony standards. The court determined that the SEP holder breached its FRAND commitments by seeking excessive royalties. The court affirmed a lower court’s determination of the FRAND rate by reference to the [...]
Published: 1/1/13This decision established a FRAND royalty rate for Innovatio’s portfolio of 802.11 SEPs. The court made this determination 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 under that [...]
Published: 1/1/13In this decision, a Chinese appellate court determined the FRAND royalty for FRAND-encumbered SEPs relating to various telephony standards. The court determined that the SEP holder breached its FRAND commitments by seeking excessive royalties. The court affirmed a lower court’s determination of the FRAND rate by reference to the [...]
Published: 1/1/13This decision established FRAND royalty rates for the use of Motorola’s FRAND-encumbered SEPs that were essential to the H.264 video compression standard and the 802.11 (Wi-Fi) wireless local area networking standard. The court applied a modified version of the Georgia-Pacific methodology for establishing royalties in patent cases, which is [...]
Published: 1/1/13The 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 [...]
Published: 1/1/12In this decision, the court affirmed a lower court’s holding that enjoined a holder of FRAND-encumbered SEPs from seeking to enjoin a potential licensee. The court addressed a FRAND commitment made to the International Telecommunications Union, under which the SEP holder undertook to “grant a license to an unrestricted [...]