Chapter 20 – Technical Standards: Fair, Reasonable and Non-Discriminatory (FRAND) Licensing

Abstract

This chapter in the forthcoming case book "Intellectual Property Licensing and Transactions" covers licensing transactions involving standards-essential patents (SEPs), including recent legal developments regarding the disclosure (and concealment) of SEPs, fair, reasonable and nondiscriminatory (FRAND) royalty rates, non-discriminatory licensing, the availability of injunctive relief for FRAND-encumbered patents, and transfers of FRAND commitments, as well as specific SDO policy clauses and license text addressing each of these issues.
[Note: updated to address Ninth Circuit decision in FTC v. Qualcomm, 8/11/20]

Keywords: Standards, FRAND, Licensing, Patents, Standards Essential Patents, Disclosure