JUVE Patent
Insights from the cutting edge of global licence rate setting
Since JUVE Patent reported on the first major patent battles in the mobile communication sector in 2008, its editors have observed an enormous increase in disputes before the German, French, Dutch and UK patent courts. The intensity of the litigation campaigns, which increasingly include lawsuits in the US and China, is also much greater in 2023 than it was 15 years ago.
But the question “What is the FRAND rate?” remains the same as in the early days of 1G and 2G mobile communication standards. Many companies in the industry are finding it extremely difficult to agree on an appropriate rate in licensing negotiations. Furthermore, the entry of Chinese handset makers into the global market, as well as the new 5G standard and its importance for the Internet of Things, have made the answer to the question “What is FRAND?” even more complicated.
This report does not address the question of what is an appropriate FRAND rate. Nor does it seek to provide an overview of key global patent battles and important leading decisions in the US, China and Europe. Rather, the report’s authors spoke with numerous corporate representatives of SEP holders and implementers about opportunities and ways to reach a resolution, on the question of all questions, in an increasingly complex industry environment.
Kirkland & Ellis
Antitrust & Competition
/ Intellectual Property
/ International Arbitration
All Practice Areas
