Wednesday, January 3, 2024

Some End-of-the-Year FRAND Posts

1. On the Kluwer Patent Blog, Enrico Bonadio and Dyuti Pandya published a post titled Global FRAND Rates.  The post discusses the December 4, 2023 decision of the Intermediate People’s Court of Chongqing in Nokia v. Oppo.  The authors state that the decision has yet to be published in its entirety, but that excerpts of the opinion published elsewhere show that the court awarded Nokia a global FRAND royalty “lower than that asked by Nokia—$3.27/unit for 5G patent licensing.”

2. Further to the above, Tom Millikan and Kevin Zack published an article on Law360 titled The Year in FRAND:  What to Know Heading into 2024.  The article also discusses the Nokia v. Oppo decision.  According to the authors, the rates awarded were “for 4G SEPs, $.477 per phone (in China) and $.777 per unit (in Zone 1 and 2 countries, likely Western economies); for 5G SEPs, $.707 per unit (in China) and $1.151 per unit (in Zone 1 and 2 countries)”.  The authors also discuss, among other matters, the amended IEEE policy; the EWHC decisions in InterDigital v. Lenovo and Optis v. Apple; and the EC’s draft SEP regulation.  Very highly recommended!

3.  On IP Watchdog, Curtis Dodd and Chris Dubuc published The Top U.S. FRAND/RAND Licensing Developments of 2023 Part I:  Everybody into the Pool.  The pool refers to Avanci’s pool for connected vehicles and Sisvel’s cellular IoT pool.  The article also discusses several district court decisions in FRAND cases:  3G Licensing v. HTC (awarding damages and awaiting a decision on enhanced damages), and four interlocutory decisions addressing various claims or defenses, Atlas Global v. TP Link, G+ Communications v. Samsung, Philips v. Thales, and Continental v. Nokia.  The authors followed up with The Top U.S. FRAND / RAND Licensing Developments of 2023 Part II: Ghosts of Christmas Past and Christmas Future.  This one also discusses Nokia v. Oppo, as well as two dismissed U.S. antitrust actions.


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