We provide comprehensive analysis of economic issues related to standard essential patents (SEPs) and fair, reasonable, and non-discriminatory (FRAND) royalties. Our experience includes expert testimony in private litigation and for ITC and FTC investigations involving the following topics:
- Competitive effects of injunctions and exclusion orders
- Antitrust analysis of SEP licensing practices
- Determination and analysis of FRAND royalties
- Retained in two separate matters against Qualcomm. In Apple Inc. v. Qualcomm Inc., submitted two expert reports on behalf of Apple, which alleged that Qualcomm used its dominant position as a supplier of baseband modem chipsets to effectuate anticompetitive standard essential patent licensing practices, charge non-FRAND (fair, reasonable, and non-discriminatory) royalties, and foreclose competition. In FTC v. Qualcomm, supported expert on behalf of the FTC, which accused the chip maker of charging “onerous” fees in licensing its patents, and alleged that Qualcomm used its dominant position as a supplier of modem chips to charge supra-FRAND royalties, impose anticompetitive supply and licensing terms on cell phone manufacturers, and weaken competitors.
- Served as testifying expert on behalf of Samsung in Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof, an ITC investigation involving standard-essential patents (SEPs).
- Served as testifying expert on behalf of Samsung, a licensee of various SEPs subject to FRAND commitments, in Certain Electronic Devices, Including Wireless Communication Devices, Tablet Computers, Media Players and Televisions, and Components Thereof.
- On a consulting basis, analyzed the potential harm from exclusionary conduct in the market for baseband processors and potential FRAND violations in the licensing of standard essential patents (SEPs).