United States:
The Risks Of Applying FRAND Calculations To Non-SEPs
07 December 2015
Shearman & Sterling LLP
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Partner
Richard Hsu (Menlo Park-Intellectual Property Transactions)
co-authored an article with Stephen Schott, a patent attorney at
the Schott Law Office, titled "The Risks of Applying FRAND
Calculations to Non-SEPs" that was published by Law360 on
December 2.
The article addresses the consequences of applying the fair,
reasonable and nondiscriminatory royalty rates awarded by the
courts for standard-essential patents to patents that are not
essential to practicing a standard. According to the authors, such
a move "could drastically undermine the incentives for
innovation in the technologies on which complex systems are
based." They further note, "Even if there was a consensus
that such a change might be desirable, it should only be undertaken
in slow, carefully measured steps."
Read the full article, The Risks of Applying FRAND Calculations to
Non-SEPs.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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