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Research: The Value of Standard Essential Patents and the Level of Licensing

by Bowman Heiden, Jorge Padilla, Ruud Peters

The Value of Standard Essential Patents and the Level of Licensing

This paper argues that the value of standard essential patents (SEPs) should be independent of the level of licensing in the value chain. We further argue the value of enabling technologies, such as SEPs, is best determined in relation to the value it produces to the consumer or end-user, regardless of the licensing level. Finally, we discuss legal, economic, and organizational factors that can guide market actors to determine the optimal level of licensing through private ordering. Two cases studies, regarding optical standards and cellular standards, are presented to illustrate SEP licensing challenges and solutions in practice.

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Categories: FRAND, Internet of Things (IoT), IP and Competition Law, Licensing, Patent Strategy, Policy, Standardisation

Webinars: License to All or Access to All? A Law and Economics Assessment of Standard Development Organizations’ Licensing Rules.

Provides an overview of the principles of patent law and licensing; a review of standards development organisation policies on licensing; a legal analysis of the license to all argument; consideration of important economic issues and less harmful alternatives.

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Categories: FRAND, Licensing, Standardisation

4iP News: Webinar slides and recording now available! License to All or Access to All? A Law and Economics Assessment of Standard Development Organizations’ Licensing Rules

Presented by Dr. Anne Layne-Farrar, Vice President in Competition Economics at Charles River Associates and an Adjunct Professor at the Northwestern University Pritzker School of Law and Richard J. Stark, Partner in the Litigation Department of Cravath, Swaine & Moore LLP

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Categories: FRAND, Licensing, Standardisation

Publications: License to All or Access to All? A Law and Economics Assessment of Standard Development Organizations’ Licensing Rules.

License to All or Access to All? A Law and Economics Assessment of Standard Development Organizations’ Licensing Rules.

Slides presented during a 4iP Council webinar on 15 October 2020 by Dr. Anne Layne-Farrar, Vice President in Competition Economics at Charles River Associates and an Adjunct Professor at the Northwestern University Pritzker School of Law and Richard J. Stark, Partner in the Litigation Department of Cravath, Swaine & Moore LLP. Provides an overview of the principles of patent law and licensing; a review of standards development organisation policies on licensing; a legal analysis of the license to all argument; consideration of important economic issues and less harmful alternatives.

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Categories: FRAND, Licensing, Standardisation

Webinars: Unwired Planet v Huawei UK Supreme Court Decision - your questions answered

Provides a summary of the decision outlining what the judges upheld and what they overturned and answers the following questions: Will the UK still be able to calculate global rates as part of deciding whether to give an injunction? Non-discrimination: what happens if one licensee has a better deal? Will the UK remain a key forum for patent owners?

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Categories: FRAND, IP and Competition Law, IP Enforcement, Licensing