As I mentioned on Wednesday, the JPO has now released its Guide to Licensing Negotiations Involving Standard Essential Patents. I've read through the Guide, and in my view it succeeds, as its drafters intended, in presenting "a broad range of information and opinions" regarding SEP/FRAND negotiations, "identify[ing] the key issues, and present[ing] these in a balanced and straightforward manner" (p.48). I don't have anything critical to add, other than that readers will find concise recitations of the leading arguments for and against the positions that have been asserted on all of the important issues (availability of injunctive relief, damages calculation methodology, etc.), with cites to the relevant cases from Japan, the U.S., and the E.U.
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