Determining FRAND Royalties for Standard Essential Patents: Your Step-by-Step Guide

Standard-essential patents (SEPs) control any component of a technology and claim an invention that must be used to comply with a technical standard. To prevent potential patent-licensing problems that may be caused by standards, standard-setting organizations (SSOs) created Fair, Reasonable, and Non-Discriminatory (FRAND) terms. A FRAND commitment is a voluntary agreement between SSOs and patent holders which facilitates wide adoption of standards and ensures SEP owners of patent benefits without gaining an unfair bargaining advantage.

However, determining the appropriate FRAND royalty rate for a SEP is a challenging task. Various U.S. cases, and the FRAND royalty determination methodologies they describe, should serve as guidance for practitioners, SEP owners, and potential SEP licensees.

Our panel of key thought leaders and practitioners will offer a discussion of the methodologies used in determining FRAND royalties as well as updates regarding the latest and significant issues surrounding the topic. Speakers will delve into the depth-analysis of recent FRAND court rulings and will also provide the audience with strategies that will guide them in a rapidly evolving legal climate.

Key topics include:

• FRAND – Legal Primer
• Methodologies
• Recent Trends and Developments
• Challenges in Determining FRAND Royalties
• Notable Cases
• Practical Strategies

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