WG9 publishes here this final/post-public comment version of its Framework for Analysis of Standard-Essential Patent/FRAND Issues (“US Edition”) to address issues specific to alleged standard-essential patents (SEPs) and to consider the effects of commitments made to license patents on fair, reasonable, and non-discriminatory (FRAND) terms in infringement suits. The first part (“Stage One”) of this Framework was published for public comment in February 2018. The second part (“Stage Two”) was published for public comment in November 2019. The editors have reviewed the comments received through the Working Group Series review and comment process and provide this final/post-publication version updated to 2020. WG9 will form a drafting team to update this Framework from 2021 on in a future Sedona publication. The limited, and sometimes conflicting, case law that has been developed by judges struggling to address highly complicated areas of technology, economics, and the law in SEP/FRAND cases both heightens these challenges and highlights the need in the patent community for this publication, which is designed to help practitioners and the judiciary identify and put into the appropriate context the types of issues that frequently arise in SEP/FRAND disputes. Jim Ko
Sr. Program Attorney
The Sedona Conference
jwk@sedonaconference.org P.S. Please join us on January 9-10 for The 2023 Sedona Conference on Global Intellectual Property Litigation in London. For program page and to register, click here. Please join the dialogue!
The Sedona Conference WG9 on Patent Damages and Remedies The mission of Working Group 9 is to create guidelines that will help to clarify and guide the evolution of patent damages and remedies considerations to encourage patent damages and remedies law to remain current with the evolving nature of patents and patent ownership. To become a member of The Sedona Conference Working Group Series (WGS) and WG9, please visit https://thesedonaconference.org/join. |
