FRAND: The Latest Developments and Predicting the Future SEP Landscape

Recorded On: 12/06/2018

In recent months, case law is continuing to develop in the evolving jurisprudence surrounding standard essential patents (SEPs) in the U.S. and elsewhere.

In November, the U.S. District Court for the Northern District of California issued an order granting in part the FTC’s bid for summary judgment in its unfair competition case involving Qualcomm. The order addressed the issue of whether, under industry agreements to license SEPs at rates that are fair, reasonable, and nondiscriminatory (FRAND), Qualcomm had to license its essential patents to competing modem chip suppliers.

Unwired Planet International Ltd. v. Huawei Technologies Co. Ltd. is another decision some experts view as having wide implications.  In October, the Court of Appeal of England and Wales issued its much-anticipated ruling, finding Huawei may be barred from selling its smartphones in the U.K. if it refuses to pay a global license fee for Unwired Planet’s technology.  The Court also rejected Huawei's suggestion that the license Unwired Planet offered was not on "nondiscriminatory terms" because the royalty rate was higher than that which Unwired Planet previously agreed to with Samsung.  The judgment could impact not only the terms of future licenses, but also the way that parties negotiate licenses and make offers to SEP owners.

Our panelists, which include lawyers who represent both SEP owners and implementers, will discuss:

  • Whether global licenses will come to dominate FRAND negotiations in the future
  • If there is any consensus emerging on how to calculate license terms that are fair, reasonable, and nondiscriminatory for SEP patents
  • The strengths and weaknesses of the differing valuation approaches of TCL and Unwired Planet 
  • The impact of the availability of injunctions for the infringement of a SEP in Europe and China on litigation strategy  

Speakers:

Logan Breed, Hogan Lovells LLP
David Djavaherian, PacTech Law
Matteo Sabattini, Ericsson

Logan Breed

Hogan Lovells LLP

is a partner at Hogan Lovells LLP who focuses on antitrust law.  He has particular experience with issues at the intersection of antitrust and intellectual property law, as well as mergers and acquisitions.

David Djavaherian

PacTech Law

is the founder of PacTech Law, a firm that focuses on patent, standards, policy, and RAND licensing matters. Similar to his prior in-house work, Dave leads international patent policy efforts and international standards setting organization engagement for clients, with particular focus on RAND licensing issues and obligations.  A former Associate General Counsel at Broadcom, Dave leads SEP patent and technology licensing negotiations for clients.

Matteo Sabattini

Ericsson

Is the director of IP Policy at Ericsson. Before joining Ericsson’s policy team, Matteo served as the CTO of the Sisvel Group and CEO of Sisvel Technology, a subsidiary dedicated to technical support and R&D. In addition to defining technical strategies, Matteo established and led Sisvel’s activities in IPR policy and advocacy. Previously, he worked at Interdigital and in academia. He holds both a Ph.D. in electrical engineering and an MBA.

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