SEP Litigations & Issues in Determining the FRAND License

Abstract

Lately, there have been several multi-jurisdiction litigations involving SEPs. In large part this is because of the
complexity of executing FRAND licenses for SEP portfolios. This work focuses on, and explains, some of the issues that
arise in the context of FRAND licensing- including, the problem of over-declaration by SEP holders, the possibility of
patent hold-out, difficulties associated in court determination of terms of a global FRAND license for SEP portfolios, lack of
awareness regarding the nuances of SEP/FRAND space, and the intrinsic informational imbalances that exist in any FRAND
negotiation. The issues discussed here are by no means exhaustive and many of them do not have easy answers.