FRAND Royalty Rates and Terms
We have extensive experience, both inside and outside the courtroom, in establishing and evaluating FRAND-compliant royalty rates and terms for standard-essential patents (SEPs). Our clients include Fortune 500 companies, small businesses and start-ups, patent pools, and standard-setting organizations (SSOs). We serve our clients in litigation and arbitration, licensing negotiations and development of new licensing programs, valuation of individual patents and portfolios, and formation of and rate-setting for patent pools.
We have supported clients with a comprehensive range of analyses:
- Identifying patent features
- Establishing appropriate pricing levels
- Assessing technology transfer terms
- Identifying benchmark payments
We also have extensive experience working with clients related to antitrust allegations of market power abuse, patent hold-up, and royalty stacking.
Our experts offer in-depth knowledge of market dynamics, technical requirements, and business and regulatory challenges in many different industries, including technology and life sciences. We combine sophisticated economic analysis and industry-specific knowledge with a deep understanding of the workings of SSOs and familiarity with a wide range of new and established standards.
Our FRAND work has involved a wide range of standards, such as:
- 2G, 3G, 4G, 5G, and LTE
- AAC
- AMR-WB
- ASLR
- ATSC
- AV1
- Blu-ray
- DVD
- EVS
- HEVC / H.265
- HSPA
- LTO-4, -5, -6, -7, and -8
- MPEG-1 and -2 Audio
- VP9
- Wi-Fi
Our FRAND work also has involved a variety of product categories, such as:
- Base stations
- Blu-ray players and discs
- CDs
- DVDs
- Desktop and laptop computers
- Game consoles
- LTO tape storage devices
- Medical imaging products
- Mobile phones
- Set-top boxes
- Tablets
- Televisions