Standard Essential Patents and FRAND Litigation: Significant Economic and Legal Issues to Consider
Following the pivotal decision on fair, reasonable, and non-discriminatory (FRAND) royalty rates for standard essential patent (SEP) in TCL v. Ericsson in 2017, patent holders and practitioners across the globe have regularly monitored significant updates and developments in this field. Proceedings and court decisions subsequent to TCL v. Ericsson gave them a glimpse of the ruling’s extent and effects on FRAND litigation.
This, as well as other key issues, emphasizes the need for practitioners to be abreast of the different legal and economic considerations in SEP and FRAND litigation.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders will help patent holders and all affected professionals understand the important aspects of this significant topic. They will provide an in-depth discussion of SEP and FRAND litigation considering all key issues and developments. Speakers will also offer best practices and tips to ensure FRAND compliance and avoid pitfalls.
Key topics include:
- Overview of the TCL v. Ericsson Decision
- Key Court Decisions after TCL v. Ericsson
- SEP and FRAND: Trends and Updates
- Legal and Economic Considerations
- FRAND Compliance - Tips and Best Practices
- Review of recent cases and critical issues, Royalty base, SSU
- The top-down approach as applied to the TCL v. Ericsson case and its use elsewhere
Holland & Hart LLP
- FRAND compliance: obligations of licensor and licensee with regard to offers and counteroffers for FRAND encumbered SEPs.
- Potential damages as a breach of FRAND commitment
- Supporting evidence for FRAND offers
Who Should Attend:
- Patent Holders
- Brand Managers
- Patent Licensing Attorneys
- Patent Litigators
- In-house and Outside Counsel
- Litigation Officers
- Litigation Practicing Lawyers
- Lawyers and Consultants involved in intangible assets, IP & related areas
- Senior Management
- Other Related and Interested Professionals
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 an expert in the application of rigorous economic methods in intellectual property issues, analyzing reasonable royalty, lost profits, and fair, reasonable and non-discriminatory (FRAND) issues in patent infringement disputes.
Dr. Lopez has been involved in some of the key FRAND royalty cases in the U.S., including Ericsson v. D-Link, Innovatio, TCL v. Ericsson, as well as numerous cases analyzing FRAND royalty rates. He regularly consults in licensing negotiations over FRAND royalties for both manufacturers and standard-essential patent (SEP) holders, covering a number of technical standards, including cellular (2G, 3G and LTE), Wi-Fi, H.264/5, and MoCa, among others. Dr. Lopez co-authored a paper published in Antitrust outlining methodologies for determining FRAND royalty rates.
Dr. Mario A. Lopez is an expert in the application of rigorous economic methods in intellectual property issues, analyzing reasonable …
Per Larsen is a registered patent attorney and an associate at Holland & Hart LLP. He holds a B.S. in Electrical Engineering from the University of Washington and a J.D. from the University of Colorado Law School. His practice focuses on patent counseling and leading teams in domestic and foreign patent prosecution for complex technology areas including wireless communications, computer software, control systems, digital displays, electronic circuits, image processing, memory devices, and storage systems.
He is heavily involved in standard-essential patents including preparing and evaluating claim charts for wireless communications standards including 3G, 4G, and 5G cellular technologies. Per is active in the Standards and Open Source Committee of the American Intellectual Property Law Association, including as co-chair of the Standards Subcommittee. Per is a contributing author to the BNA/Bloomberg Law treatise: “Patents and Standards: Practice, Policy, and Enforcement.”
Per Larsen is a registered patent attorney and an associate at Holland & Hart LLP. He holds a B.S. in …
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Method of Presentation:
Experience in patent laws and litigation
NY Category of CLE Credit:
Areas of Professional Practice
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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 Edgeworth Economics
Edgeworth Economics is an economic, financial, and quantitative consulting firm. We provide expert testimony and litigation consulting in addition to business consulting and data management services. Our clients include law firms, corporations, and government agencies. Our professionals include PhD economists, statisticians, and business and human resources professionals who enjoy solving the practical problems our clients face. We use sophisticated analyses and techniques to provide our clients solutions delivered in a simple and straightforward manner. Our rigorous, data-driven approach and responsive culture are among the reasons why leading attorneys rely on our expert witnesses.
About Holland & Hart LLP
Our team of 40+ electrical engineering and computer-focused patent attorneys and other patent professionals counsel clients on strategic patent portfolio development, preparation, prosecution and opinion matters, and is adept at prosecuting large portfolios across a range of jurisdictions for clients with high volume, high value requirements.
Our patent practice primarily focuses on next-gen technologies covering electrical engineering, wireless communications, computer technologies, semiconductors, physics, mechanical engineering, circuits and optics, among others.
Our team is also contributing to patent thought leadership through their roles as Managing Editor, Lead Editors, and chapter authors of the first Patents and Standards: Practice, Policy, and Enforcement book (published through a joint partnership of BNA/AIPLA in Spring 2018).