FRAND determination can be a complex and challenging process riddled with technicalities that can make or break a deal, yielding long and often complex discussions, and in some cases, even litigation. It heavily relies on reaching a conclusion as to how much a particular SEP portfolio is worth and how each party valuates it. Yet somehow, two parties – the licensor and the licensee – need to find a way to align on how to valuate portfolios of thousands or tens of thousands of SEPs covering multiple generations of wireless technology.
The general lack of transparency about how a given SEP portfolio (numerator) relates to the overall number of SEPs (denominator) for a given standard makes it difficult to understand if a license offer is FRAND. Moreover, it is challenging to evaluate the value a patented standardized technology creates for the component or the final product. With increasing complexities – for example, licensing SEPs in new industry verticals outside of the smartphone world – valuating SEPs becomes a challenging task. This webinar discusses the matter of transparency and valuation of SEPs in a panel of industry experts.
• Kent Baker, ublox
• Benno Buehler, Charles River Associates
• Evelina Kurgonaite, Fair Standards Alliance
• David Lowenstein, Pearl Cohen