FRAND/SEPs

Latest content

How the EC’s SEP licensing regulation will harm SMEs

As things stand, the only winners from the proposals will be deep pocket implementers – but there may be a way out of the mess

06 April 2023

DG GROW seeks to replace established FRAND valuation and licensing practices with top-down rate setting

Plans for patent essentiality checking, patent counting and aggregate royalty apportionments at EUIPO disregard prevailing valuation benchmarks in numerous long-established comparable licences

05 April 2023

Nokia’s Oppo/Vivo lawsuits were a false start for Indonesian SEP/FRAND litigation

Cases may proceed quickly but are frequently dismissed on procedural grounds

04 April 2023

SEP owners have a big fight on their hands to evade radical new EU regulation

Following the leak of draft rules, IAM travelled to Brussels to gauge the reaction of industry, lobbyists and lawmakers

01 April 2023

The European Commission’s SEP licensing plans are terrible on every level

Reported DG Grow proposals designed to make FRAND dealmaking in Europe more transparent, predictable and efficient are one-sided and poorly thought-through, so will do much more harm than good

30 March 2023

Entrusting SEP/FRAND to EUIPO is fraught with challenges

The move would entail a major shift for the organisation which does not have patent experience

29 March 2023

European Commission to propose radical new SEP/FRAND regime with major consequences for patent owners

Draft EU rules are set to empower EUIPO with mandatory essentiality checking framework but kickback expected

29 March 2023

Why evidence remains king when it comes to pricing SEPs

Featured in SEP/FRAND Hub

A thorough analysis of US courts’ applications of both the top-down and bottom-up frameworks highlights the strengths and weaknesses of the two approaches and what they mean for both licensors and licensees.

28 March 2023

Ericsson and Nokia v Oppo signal that non-discriminatory terms are key concern for Indian courts

Featured in SEP/FRAND Hub

Recent case law, along with the trend for out-of-court settlements between SEP holders and mobile manufacturers, highlights that the non-discriminatory part of ‘FRAND’ is being treated as a priority right now.

24 March 2023

Via Licensing taps Xiaomi’s former IP strategy head as advisor

Paul Lin, now managing director of Eagle Forest, aims to provide the licensee’s perspective to arm Via as it navigates a shifting patent pool landscape

23 March 2023

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