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This paper explores the issue of apportionment through the determination of the appropriate royalty base in the adjudication of patent damages, or more precisely, FRAND royalties for standard essential patents (SEPs). Through the use of an intellectual value chain (IVC) framework, this paper...
Persistent link: https://www.econbiz.de/10014092575
a total revenue base of $1,603 per year in comparison to the average smartphone cost of $392 per phone, suggesting a 4x …
Persistent link: https://www.econbiz.de/10014348703
holders should be required to grant a FRAND licence to any implementer seeking a licence, including component makers (so …-called ‘licence-to-all’ approach), or if they should be allowed freely to target the supply chain level at which the licence is to be … that no sound economic and legal bases which favour licence-to-all solutions can be identified …
Persistent link: https://www.econbiz.de/10013241907
Licensing platforms are a clear example of a collective action problem, where groups have aligned long-term interests but misaligned short-term goals. Customised incentives can be a key way to facilitate socially desirable collective action, especially where a market or platform includes a range...
Persistent link: https://www.econbiz.de/10014079705
The current approach to licensing in many cases increases costs and inefficiencies for patent owners and implementers alike. As such, a new approach – licensing 2.0 – is called for. The first principle of this new approach is to have an ecosystem in place that incentivises further innovation...
Persistent link: https://www.econbiz.de/10014030304
In response to concerns that inefficiencies in SEP licensing may have a negative systemic impact on the development of emerging 5G and IoT Markets, the European Commission (EC) convened an Expert Group on Licensing and Valuation of Standards Essential Patents (SEP Expert Group), resulting in a...
Persistent link: https://www.econbiz.de/10013298253
This case study pertains to Intellectual Property Exchange International, Inc. (IPXI), which was formed in 2008 to create a market-based trading exchange for aggregated patent license rights, particularly standards-essential patents (SEPs). IPXI based its model on existing commodities exchanges,...
Persistent link: https://www.econbiz.de/10013003308
In an environment in which widely-adopted technical standards may each be covered by large numbers of patents, there have been increasing calls for courts to determine “fair, reasonable and non-discriminatory” (FRAND) royalties payable to holders of standards-essential patents (SEPs) using...
Persistent link: https://www.econbiz.de/10012932533
Union and Australia; (ii) Japan and Korea; and (iii) the BRICS economies (Brazil, China, India, Russia, and South Africa …
Persistent link: https://www.econbiz.de/10011810287
The smartphone industry today is characterized by a thicket of patents and wars based on those patents. Every day brings a new lawsuit or development between Apple, HTC, Microsoft, Motorola, Nokia, and Samsung. The lawsuits span numerous courts and several continents. This 5-page article...
Persistent link: https://www.econbiz.de/10014040898