WG9 published for public comment “Stage One” of its Framework for Analysis of SEP/FRAND Issues in February 2018 to address certain 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. This “Stage Two” WG9 drafting team continues this effort, addressing numerous additional topics in the SEP/FRAND context including:
- Comparable Licenses
- Royalty Base and Apportionment
- Other FRAND Royalty Approaches; and
- Other Considerations
[note: WG9 will further form a “Stage Three” drafting team addressing SEP/FRAND issues from a global perspective, consisting of experienced practitioners experienced in SEP/FRAND litigation in various patent regimes around the world.]