Fresh Guidance for Owners of Standard-Essential Patents: Reasonable Royalties Can Be Expected; So Can Penalties if You Overreach (PDF)
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Until recently, thousands of companies had agreed to license their standards-essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms in the course of participating in standard-setting organizations (SSOs), even though they were uncertain as to how or whether those commitments could be enforced or interpreted. A recent flurry of activity has brought the meaning and enforceability of FRAND commitments into sharp focus.
Thomas C. Carey is a partner at Sunstein Kann Murphy & Timbers LLP. He advises start-ups and established companies in matters involving capital-raising, licensing, mergers and acquisitions and tax planning. He also is experienced in outsourcing, joint ventures, corporate governance and FDA compliance matters. Tom maintains long-term relationships with senior management of corporate clients, who rely on his judgment and expertise in strategic matters.
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