Standard Essential Patents

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Patent Litigation

Standard essential patent counsel for owners and implementers, covering FRAND licensing strategy, royalty and rate determinations, SEP infringement litigation, and coordinated disputes across major global markets.

Standard essential patents sit where patent law, antitrust, and technical standards collide, and the stakes are high on both sides of the table. We represent patent owners seeking fair compensation and implementers seeking workable license terms. Because we understand the standards themselves, from cellular protocols to codecs, we can argue essentiality and infringement on the technical merits rather than from the sidelines.

FRAND Licensing Strategy

Patents declared essential to a standard usually carry FRAND commitments, fair, reasonable, and non-discriminatory licensing terms. We advise on what those obligations require, structure and run licensing negotiations, value portfolios and model royalty rates, and keep you aligned with the rules of the standard-setting organization involved. The goal is a defensible position you can hold whether the deal closes at the table or in court.

SEP Litigation and Rate Setting

When negotiations stall, we litigate. That includes infringement actions asserting standard essential patents, FRAND rate determination proceedings, breach of contract claims over licensing commitments, antitrust claims involving SEP abuse, and the contested question of when injunctive relief is even available for an SEP. We frame each of these around the leverage you need to reach a fair license.

Coordinated Global Disputes

SEP fights rarely stay in one country. Parallel proceedings in the United States, Europe, China, and other key markets apply different rules, and a ruling in one forum can reshape the others, including through anti-suit and anti-anti-suit injunctions. We help you sequence and coordinate these cases so the pieces work together instead of cutting against each other.

Frequently asked questions

A patent is standard essential when you can't implement the standard without using the patented technology. In other words, there's no practical way to build a compliant product without infringing it. That's what separates an SEP from an ordinary patent you could simply design around.

FRAND stands for fair, reasonable, and non-discriminatory. SEP holders typically promise to license their patents on FRAND terms as a condition of getting their technology into the standard. The catch is that what counts as "fair and reasonable" is frequently disputed, which is where most SEP fights happen.

It's harder than with a regular patent and remains contested. Many courts are reluctant to grant injunctions on FRAND-committed SEPs against a willing licensee, on the theory that money should resolve the dispute. Recent decisions have started to clarify the narrower circumstances where an injunction may still be on the table.

There's no single formula. Courts look at comparable licenses, run "top-down" analyses that start from the total royalty burden a standard should bear and apportion it, and weigh how much the patented technology actually contributes to the standard. The methodology often matters as much as the inputs, so how the case is framed is critical.

Hold-up is when an SEP owner demands excessive royalties after the industry is locked into the standard and can't switch. Hold-out is the flip side: an implementer dragging its feet and refusing to negotiate a license in good faith. Both come up constantly, and which one a court believes is happening can shape the whole case.

Yes. If you implement a standard that SEPs cover, you need licenses to those patents. The FRAND commitment means a license should be available to you on reasonable terms, but it doesn't appear automatically; you still have to negotiate for it, and doing so in good faith protects your position.

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