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Sharp – not weak or late enforcement is required against recalcitrant SEP implementers

Public comments on SEPs and FRAND licensing sought for the US Department of Justice’s Draft Policy Statement and the UK Intellectual Property Office’s Call for Views.  It is vital that the fundamental sanction in patent law—of the temporary right to exclude—along with other remedies, including...

Royalty pricing dichotomy in 5G SEP patent pool for Open RAN Radio Units (Analyst Angle)

MPEG LA and Unified Patents have just launched their Alium patent pool program that seeks to license 4G LTE and 5G standard-essential patents (SEPs) for a minimum charge of $10 per Open RAN Radio Unit (RU). Previously, attention to licensing and royalty charges for...

Modest SEP royalties on smartphones have declined and licensing is stabilizing (Analyst Angle)

Aggregate royalty payments for licensing cellular technology standard-essential patents (SEPs) in smartphones have remained in modest single-digit percentages and have declined since 2013.  This defies purported concerns that the stacking of patent royalties paid to multiple licensors have led to or would lead to unreasonably...

FTC vs. Qualcomm – The meaning and relevance of FRAND commitment

As promised in my previous article, here is a detailed discussion on FTC’s FRAND (Fair Reasonable And Non-Discriminatory) argument in its antitrust case against Qualcomm. FTC argues that Qualcomm agreeing to the FRAND (Fair and Reasonable Anti Discriminatory) requirements of Standards Setting Organizations (SSO)...

FTC vs. Qualcomm–FTC’s changed tactic undermines its confidence in the case (Analyst Angle)

The stage is set for Feb 13th, 2020, hearing of FTC vs. Qualcomm antitrust case at the United States Court of Appeals for the Ninth Circuit (Ninth Circuit). In preparation, FTC, Qualcomm, and many interested parties have filed their briefs in support and against...

Biting the hands that feed you SEP technologies (Analyst Angle)

Longstanding and economically efficient balance in Standard-Essential Patent licensing is being destabilized by misinformation and manipulation of commercial practices and of benchmarks in Fair, Reasonable and Non-Discriminatory licensing. This is epitomized in litigation between Apple and Qualcomm, commencing January 2017, until settlement in April...