Assessing RAND commitments and calculating RAND royalties that avoid patent holdup while compensating patent holders.
Our economists have a broad expertise in the economics of RAND commitments and royalties. Recent decisions have begun to structure the economic framework for assessing RAND royalties, addressing the issues of patent holdup, and royalty stacking. The determination of a RAND royalty depends on case-specific factors. Edgeworth experts assist clients in answering a range of economic questions arising in RAND litigations, including:
- What non-infringing alternatives were available at the time of standardization?
- How do existing licensees affect the patent holder’s “non-discriminatory” component of its RAND obligation?
- What should be the total royalty burden associated with the standard as a whole, how many patent holders are there and how will it affect the “stack” of royalties?
- Given that the economic value of patents varies widely, what methodologies account for the potentially thousands of technologies necessary to implement the standard while still allowing major innovations to receive a relatively larger share of the royalty burden?
Dr. Jesse David
Dr. Fei Deng
Dr. George Korenko
Dr. Gregory K. Leonard
Dr. Mario A. Lopez
Mr. Stephen P. Rusek
Mr. Noah Schwartz
Mr. Sushrut Jain
FRAND Determination in a Chinese Litigation Involving Standard Essential Patents Business & Regulatory Consulting Dec 23, 2016
FRAND Commitments at the International Trade Commission Business & Regulatory Consulting Nov 20, 2012
News & Events
TCL v. Ericsson FRAND Decision: Legal Implications Event Fri, Sep 7, 2018, 3–4:30 pm
FRANDtopia—In a Perfect World | LAIPLA Spring Seminar 2018 Event Sat, May 5, 2018
Webcast: Update on Standard-Essential Patent Litigation in China Event Fri, Feb 9, 2018, 11:30 am–1 pm
Webcast: Determining FRAND Royalties for Standard Essential Patents Event Tue, Nov 28, 2017, 12–2 pm
Dr. Mario Lopez Discusses RAND Royalty Rates in Law360 News Oct 30, 2013
Drs. Leonard and Deng Present at the Supreme People’s Court of China Presentation Tue, Sep 24, 2013
Dr. Mario A. Lopez Brings Antitrust and IP Expertise to Edgeworth Economics Press Release Sep 11, 2012
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