4iP News

4iP Council publishes four new reports on SEPs, Patent Damages and FRAND

08 December 2015

4iP Council today publishes four new research summaries on SEPs, patent damages and FRAND based on work commissioned by Ericsson from Sweden’s Chalmers and Gothenburg universities.

The first study, “Valuing Standard Essential Patents (SEPs) in the Knowledge Economy” focuses on a comparative assessment of the SEP valuation models of four recent SEP court cases in the US in 2013-14. The study discusses their systemic implications for industry and policy makers regarding the potential impact on economic performance and economic efficiency in the context of the shift from industrial to knowledge-based business models.

The second study is entitled, “Re-evaluating Patent Damages in the Knowledge Economy” and it investigates the applicability and implications of the current legal norms for the choice of royalty base in relation to the prevailing market norms regarding SEP transactions in the telecommunication industry.

The remaining two studies explore the meaning of FRAND and its viability, notably in relation to the seminal Microsoft ruling. The on-going battle to define the meaning of F/RAND as a key institution in determining the value of SEPs is covered, as is the transformation of the telecommunication industry in the emerging knowledge economy. The paper on the viability of FRAND uses the landmark Microsoft ruling to address the viability of F/RAND policies to regulate the equilibrium between patent holdup and freeriding (or patent holdout) in the context of telecommunication standards.

These four new research summaries can be downloaded from 4iP Council’s research page. Full versions will be launched shortly.