Types of IP and Strategy

Standard Essential Patents and Emerging Tech

Description

Learn how the emergence of technologies, such as the ‘Internet of Things’ and 5G, means that Standard Essential Patents (SEPs) will impact more innovators than ever before. In this course, we join David L. Cohen, IP Strategist and President of Kidon IP, to learn first hand about the litigation of the past and how that sets the scene for today.

Duration
This unit has 0 Minutes of videos.

Unit Progress

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Modules
  1. What are standard essential patents?
  2. How do you identify and license an SEP?
  3. How are SEP royalties calculated?
  4. SEP litigation and the Internet of Things
  5. What’s the practical guidance for SEPs?
  6. Quiz

Modules


Module 1

What are standard essential patents?

Duration: 0 Minutes

Completed

In this module, David explores the emergence of industry standards and standardization and how this relates to patent thickets, patent wars and standard essential patents (SEPs).

Additional Resources
Setting out the EU approach to Standard Essential Patents
Patent Licensing and Secondary Markets in the Nineteenth Century
The WIPO on standards and Intellectual Property Rights
Module 2

How do you identify and license an SEP?

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Completed

This module explores some of the key concepts relating to standard essential patents and licensing, including what standards setting organizations require, LOAs (or letters of assurance), the notion of FRAND and how it works and royalty-free licensing. David investigates the implications of two approaches to SEPs and how this has played out in industry.

Additional Resources
A brief history of FRAND
Module 3

How are SEP royalties calculated?

Duration: 0 Minutes

Completed

This module uses the Nokia vs Qualcomm case as a backbone to explore how licensing under FRAND came to play out in the real world. This module looks at how rack rates, or program rates, have been calculated and how litigation has ensued as a result. David also explores the concept of maximum cumulative royalty rates and throws down all the questions that were left unanswered by the telecom patent wars.

Additional Resources
Are SEP Royalties Vastly Too High?
Smartphones: what's inside the box?
Module 4

SEP litigation and the Internet of Things

Duration: 0 Minutes

Completed

In this course, David explains how various legal cases have set some precedents in terms of addressing the unanswered issues. In this module, we relate this to emerging technologies, especially 5G and the Internet of Things, to establish what manufacturers will need to look out for as various technologies and industries converge.

Additional Resources
Guide to licensing negotiations involving SEPs (from the JPO)
Module 5

What’s the practical guidance for SEPs?

Duration: 0 Minutes

Completed

In this final video, we ask David what practical steps manufacturers should take, what they need to understand about SEPs and how can they minimise their risk of exposure, or indeed create new opportunities in this environment.

Additional Resources
Further reading: Standard-essential patents: FRAND commitments, injunctions and the smartphone wars
Standard Setting Organization and Standards List
Test Your Knowledge

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