Standards are playing an increasingly important role as we move from mobile phones to a wide range of connected devices. New entrants who have not traditionally been part of the telecommunications industry are entering the arena, as wireless connectivity improves existing products and creates markets for new devices and services. Creation of the telecommunications standards has required enormous investments from many companies co-operating to determine the best technical solutions for these standards, and significant patent portfolios have grown from this investment. Patent owners have committed to license their essential patents on FRAND (Fair, Reasonable And Non-Discriminatory) terms, but new entrants and new business models challenge our understanding of how this applies. The last year has seen new case law and regulatory decisions which change the rules by which the game is played.
Kevin Scott and Richard Vary will give an overview of the current situation, including the following topics:
What is a SEP?
The effect of the FRAND commitment and how courts seek to enforce it
The unwilling licensee: Sisvel v Haier
FRAND valuation: how the UK, the US and China have approached the exercise
Jurisdiction, Anti-suit injunctions and AASIs
New tactics: Wuhan submarines and French hostages