Market Insight

Updates from an international team of correspondents who report on recent developments in IP law and practice in their home jurisdictions, as well as strategic issues and those relating to finance, dealmaking and valuation.

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IP valuations

02 OCTOBER 2019

Is the price paid for a patent portfolio a cap on patent damages?

It is sometimes asserted that the price paid for a patent portfolio represents, without further modification, its fair market value in litigation. This argument is specious: it ignores the risks and costs (in this case, those associated with enforcing the acquired rights) that are necessary to earn a return on the investment. This article summarises several risks priced into patent transactions, but not into damages.

18 SEPTEMBER 2019

An approach to measuring patent quality using citation data

The same erroneous claim is repeatedly raised in court – that the quality of a patent portfolio can be proxied by the quantity of its patents. This article summarises how counting the number of patents will lead to inaccurate inferences and describes a better method, which uses patent citations to measure patents’ quality and value.

28 AUGUST 2019

Disagreements among technical experts with regard to patent essentiality

Patent valuation professionals normally rely on technical evidence and studies to determine the essentiality of patents. However, as technical experts work independently and may have their own technical opinions or biases, their determinations of which patents are actually essential often conflict.

14 AUGUST 2019

The misuse of effective rates in FRAND determinations

Though innovators promise standard development organisations to license their SEPs on FRAND terms and conditions, there is a question over whether effective rates against which contracts are evaluated can enable reliable comparisons. Even if a licensor executes identical terms and conditions, can effective rates capture actual contract terms?

31 JULY 2019

Royalty stacking in FRAND litigation – part two

In the second part of this two-part series, experts take a deep dive into the obstacles to proving the existence of a royalty stacking problem, as well as the difficulties with obtaining a remedy from courts against any individual party.

24 JULY 2019

Royalty stacking in FRAND litigation – part one

According to standards implementers, royalty stacking is a prevailing problem in SEP litigation. Further, they claim that individual licensors legally cause that problem, thereby violating their FRAND obligations. The first part of this article gives the economic definition of the ‘royalty stacking problem’ and suggestions on how to deal with it.

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