Determining FRAND Royalties for Standard Essential Patents in 2020
In order to prevent patent-licensing problems, standard-setting organizations (SSOs) have created fair, reasonable, and non-discriminatory (FRAND) terms to ensure that standard-essential patent (SEP) owners will get patent benefits without unfair bargaining. Earlier this year, as patent holders are generally free to charge the users of their patents, the developers of technical standards have agreed to license the former’s SEPs to manufacturers of standardized products at royalty rates that are fair, reasonable and non-discriminatory.
However, as FRAND commitment arises as a contractual obligation, determining the appropriate FRAND royalty rate for an SEP has become a challenging task. Although courts, policymakers, academics, and SSOs have been attempting to affirm the concept of FRAND and the determination of a FRAND royalty, there has been no general set of common principles that have been agreed upon. Thus, creating a more complex industry for SEP owners and businesses.
In this LIVE Webcast, intellectual property (IP) professionals, Matthew Lynde (Cornerstone Research) and Mario Lopez (Charles River Associates) will provide the audience with an in-depth analysis of the fundamentals as well as recent developments in determining FRAND royalties for SEPs. As experts, they will also present important issues surrounding this significant topic including the recent FRAND court rulings and the best practices along with significant outlooks on what to expect in this rapidly evolving legal climate.
Key topics include:
- FRAND Royalties – What You Need To Know
- Recent Trends and Developments
- Challenges in Determining FRAND Royalties
- Recent Notable Cases
- Best Practices
- What Lies Ahead
- F/RAND Compliant Reasonable Royalties
- Measuring and Enforcing F/RAND Compliance
- Methods and Evidence for Determining F/RAND royalties
- Cases and Issues
- Microsoft v Motorola Mobility
- HTC v. Ericsson
- FTC v. Qualcomm
- In re Innovatio
- D-Link v. Ericsson
- Core Wireless v. Apple
- Huawei v. ZTE (CJEU)
- Interdigital v Huawei (CN)
- Unwired Planet v Huawei (London High Court)
- TCL v. Ericsson
- Apple’s Statement on F/RAND Licensing
Charles River Associates
- Economic benchmark for FRAND royalty rates
- Offers and counteroffers: negotiating licenses under uncertainty and asymmetric information
- Approaches for determining FRAND royalty rates
- Evaluating claims of holdup
- Evaluating claims of hold-out
Who Should Attend:
- Patent Lawyers and Consultants
- SEP Owners
- Potential SEP Licensees
- In-house counsels
Mathew R. Lynde leads the intellectual property practice at Cornerstone Research. Dr. Lynde’s expert testimony has been accepted in domestic and international courts, tribunals, and arbitration panels in more than sixty-five instances; his work as a consultant and educator spans a range of IP portfolio and valuation issues. In Microsoft v. Motorola, Dr. Lynde calculated reasonable and nondiscriminatory (RAND) royalties in the first bench trail to set a RAND range for standard essential patents.
Dr. Lynde has testified in several other significant cases involving the high-tech, medical, and life sciences industries. In addition to intellectual property, he works in antitrust and competition, securities, and breach of contract matters.
Dr. Lynde’s has more than thirty-five years of experience as an applied economist in government, academia, and business. Prior to joining Cornerstone Research, he was a professor at City University of New York and a partner at PricewaterhouseCoopers, heading up its Silicon Valley intellectual property practice.
Mathew R. Lynde leads the intellectual property practice at Cornerstone Research. Dr. Lynde’s expert testimony has been accepted in domestic …
Dr. Mario A. Lopez is a vice president in the Antitrust & Competition Economics Practice of CRA. Dr. Lopez has provided expert testimony on patent infringement cases in US district courts, the US International Trade Commission, and internationally. He has also advised on patent and standard essential patent disputes in the US, UK, Netherlands, Germany, Canada, India, and China.
He has been involved in several high-profile disputes involving fair, reasonable, and non-discriminatory (FRAND) cases including Ericsson v. D-Link, Innovatio, Realtek v. LSI Corporation, and TCL Communications v. Ericsson. Dr. Lopez also regularly advises both manufacturers and patent holders in licensing negotiations over royalties.
He co-authored a paper published in Antitrust, outlining methodologies for determining FRAND royalty rates. He has written articles and given presentations on economic approaches to licensing negotiations, the valuation of intellectual property, and economic issues that arise in ITC proceedings.
He has valued patent rights related to several technical standards, including cellular (2G GSM, 3G-WCDMA and CDMA, and 4G-LTE), Wi-Fi (802.11), AAC, H.264, HEVC (H.265), AMR-WB/EVS and MoCa standards, among others.
Dr. Mario A. Lopez is a vice president in the Antitrust & Competition Economics Practice of CRA. Dr. Lopez has …
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Method of Presentation:
On-demand Webcast; Group-Internet Based
General knowledge of patent laws
NY Category of CLE Credit:
Areas of Professional Practice
NASBA Field of Study:
Business Law - Technical
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About Cornerstone Research
“For more than twenty-five years, Cornerstone Research staff have provided economic and financial analysis in all phases of commercial litigation and regulatory proceedings.
We work with a broad network of testifying experts, including prominent faculty and industry practitioners, in a distinctive collaboration. Our staff consultants contribute expertise in economics, finance, accounting, and marketing, as well as business acumen, familiarity with the litigation process, and a commitment to produce outstanding results. The experts with whom we work bring the specialized expertise of researchers or practitioners required to meet the demands of each assignment.
Cornerstone Research has seven hundred staff and offices in Boston, Chicago, London, Los Angeles, New York, San Francisco, Silicon Valley, and Washington.”
About Charles River Associates
Charles River Associates is a leading global consulting firm that offers economic, financial, and strategy expertise to major law firms, corporations, accounting firms, and governments around the world.
With proven skills in complex cases and exceptional strength in analytics, CRA consultants have provided astute guidance to clients in thousands of successful engagements. We offer litigation and regulatory support, business strategy and planning, market and demand forecasting, policy analysis, and risk management consulting.
Our success stems from the outstanding capabilities of our consultants, many of whom are recognized as experts in their respective fields; our close relationships with a select group of respected academic and industry experts; and from a corporate philosophy that stresses interdisciplinary collaboration and responsive service.
Headquartered in Boston, the firm has offices internationally.