TechIPm, LLC’s 4G LTE standard essential
patent research for the US market reviles that NPEs’ IPR share accounts for 21%
of 4G LTE Standard Essential Patents (SEPs) issued in the USPTO as of October
25, 2013. To evaluate the essentiality of a LTE patent, patent disclosures in
claims and detail description for each 4G LTE patent are compared to the final
versions of the 3GPP Release 10 technical specifications (LTE-Advanced). Total
of 215 issued patents are identified as the potential candidates for 4G LTE
SEPs relating to UE (cellular phones, smart phones, PDAs, mobile PCs, etc.) and
base station (eNB) products.
Recently, in In re INNOV A TIO IP VENTURES,
LLC, No. 1:11-cv-09308 (N.D. Ill. 2013), Dkt. No. 975, the court calculated
FRAND royalty of WiFi SEPs: (average profit margin to the contribution of
patentee’s SEPs) x (profit margin of relating products) x (pro rata share of
patentee’s SEPs to the total number of WiFi SEPs providing similar contribution
to the profit). Similar calculation can also lead to the FRAND royalty cap for
4G LTE SEPs. Considering the huge profit margin of 4G LTE UE and base station
products in the US market, the amount of licensing royalty earnings generated
by NPEs’ 21% IPR share of 4G LTE SEPs will reach billion dollar level.
For more information, please contact Alex Lee
at alexglee@techipm.com .
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http://www.techipm.com/
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