Cases involving standard essential patents (SEPs) have an additional level of complexity due to the requirement that the patent owner is obliged to license its portfolios on fair, reasonable and non-discriminatory (FRAND) terms. Such cases are particularly relevant in the mobile telecommunications industry.

rospatt has advised and represented its clients from the advent of case law on these requirements. We have in depth knowledge of the current state of jurisdiction, and of the direction in which it may be anticipated to develop with respect to the behavioral standards in the course of licensing negotiations, and in litigation. 

rospatt’s team is involved in the preparation of FRAND offers and counter-offers, as well as in developing litigation strategies concerning injunctions, anti-suit injunctions (ASI), declaratory judgments (DJs), claims for specific licensing terms, and so on. In this context, we are familiar with arguments such as hold-up, hold-out, royalty stacking, comparable licenses, and the unpacking of complex agreements, as well as top-down and bottom-up approaches.