1 / 7

LAIPLA Spring Meeting

LAIPLA Spring Meeting. Las Vegas, June 8, 2013 Jonathan Kagan Irell & Manella LLP 1800 Avenue of the Stars Los Angeles, CA 90067. Background. Standard-setting organizations (“ SSOs ”) establish standards to ensure interoperability.

jarah
Download Presentation

LAIPLA Spring Meeting

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. LAIPLA Spring Meeting Las Vegas, June 8, 2013 Jonathan Kagan Irell & Manella LLP 1800 Avenue of the Stars Los Angeles, CA 90067

  2. Background • Standard-setting organizations (“SSOs”) establish standards to ensure interoperability. • Owners of standard-essential patents (“SEPs”) agree to license patented technology on FRAND terms in exchange for having their technology incorporated into the standard.

  3. Key FRAND Questions (1) – Is Injunctive Relief Available? (2) – When Is FRAND Calculated? (3) – What Is a FRAND Rate?

  4. Injunctive Relief for SEPs • Should injunctive relief be available for SEPs? • Availability of exclusion orders in the ITC for SEPs

  5. Key Recent Developments • Apple v. Motorola – Denial of injunctive relief on SEPs by Judge Posner • Realtek v. LSI– granting injunction prohibiting LSI from enforcing any ITC exclusion order on SEPs • ITC Final Determination in Inv. 794 – granting limited exclusion order on SEPs - June 4, 2013 • First time Commission has granted exclusion order on an SEP (ALJs have previously held exclusion order is available remedy for SEPs) •One Commissioner dissented on public interest grounds

  6. When Is FRAND Calculated? Before Breach • Microsoft v. Motorola After Breach • Realtek v. LSI Corp.

  7. How to Calculate FRAND(per Judge Robart) • Start with Georgia-Pacific Factors • Modify for FRAND Microsoft Corp., 2013 U.S. Dist. LEXIS 60233, at *54-65.

More Related