Patent monetisation during World War FRAND
With the legal landscape surrounding SEPs shifting in many countries, it has never been more important to take a global view of patent assertion – but any cross-border litigation strategy needs careful consideration
Former National Basketball Association star Jalen Rose popularised the expression “You never get what you deserve, only what you have the leverage to negotiate” – a statement that holds particularly true in the context of modern patent licensing. Where a patent owner could once expect others to pay reasonable royalties for practising innovations resulting from its R&D investment, many firms today will decline to pay anything at all unless the risk of not paying is undeniable and significant. The challenge facing patent owners is convincing prospective licensees that infringement is not efficient – that is, that the risk of failing to take out a licence outweighs the benefits of continuing without one.
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