Sisvel is proud to support the track on SEPs of the LESI Thought Leadership Program, a professional learning series organized by LES International.
LESI Thought Leadership Program wants to be a “deep dive” on three topical areas such as:
LESI Thought Leadership Program wants to be a “deep dive” on three topical areas such as:
- Standard Essential Patents (SEPs)
- Automotive
- Alternative Dispute Resolution (ADR).
Out of the webinar “An Overview of Standard Essential Patents” held on October 25, 2022, with the participation of:
- Gustav Brismark (moderator), Owner, Kazehara AB, previously Chief Intellectual Property Officer at Ericsson.
- Mattia Fogliacco, President, Sisvel International
- Carter Eltzroth, Legal Director, DVB Project, and Managing Director, Helikon.net.
- Matteo Sabattini, Director IP Policy, Ericsson, and LES USA & Canada SVP for Standards.
- Richard Vary, Partner Bird & Bird, previously Vice President and Head of litigation at Nokia.
The main take-away points discussed in the article are:
- A Standard Essential Patent, when subject to a FRAND commitment, does not create a dominant position
- The IPR Policy of the SDO (together with the SEP holder’s declaration) establishes the FRAND obligation
- Licensing of Standard Essential Patents can be subjected to drawn-out negotiation, gamesmanship, and litigation
- Licensing of SEPs through a Patent Pool offers significant procompetitive efficiencies
- SDOs recognise the value of Pools covering their Standards: the experience of DVB
- Over time, Courts have clarified the scope of good faith negotiations; the nature of FRAND royalty promise; the availability of enforcement
- This framework applies even at a time of growing complexity through convergence of new industries
The full video of the webinar is available at the following link.