Analysis of SEP and FRAND royalties
- For Samsung in Certain Wireless Devices with 3G and/or 4G Capabilities and Components Thereof, an ITC investigation involving standard-essential patents (SEPs), analyzed the public interest implications of exclusion orders. Evaluated theoretical and empirical evidence of patent holdup and royalty stacking in the wireless telecommunications industry. Testified regarding potential consumer harm and remedies.
- For 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, developed and applied a conceptual framework for evaluating whether either party’s conduct or incentives should generate concerns about patent holdup or royalty stacking, analyzed the forms of consumer harm arising where those concerns were found to be valid, and proposed appropriate remedies and procedures for addressing the concerns.