... Alex Lee (alexglee@techipm.com)
Smartphone Patent Wars: Legal & Policy
Issues of Standard Essential Patents in the ICT Industry
by
Alex Lee, Ph.D.
As
represented by “Smartphone Patent Wars,” patents for smartphones became the
most important strategic competition tool among market leaders. Especially, patents for mobile communication
standards, which are the so-called ‘Standard Essential Patents (SEPs),’ became
the center of legal and policy debates regarding their intellectual property
rights (IPRs).
The
author provides the implications of recent courts’ resolutions regarding FRAND
(Fair, Reasonable And Non Discriminatory) disputes to the ICT (Information and
Communications Technology) industry and provide several alternative options for
resolving FRAND disputes. The author
contends that the current concerted resolutions in courts and regulation
agencies can result in adverse effects to the ICT industry. The author also contends the main drawback of
the recent proposals to resolve the disputes surrounding SEPs through the ex ante FRAND licensing and the ICT
industry players’ voluntary collaboration.
From the analysis of ICT industry players’ response to the outcomes of
court resolutions, the author contends a compromising way to provide FRAND
Royalty adopting arguments from both sides of the disputes. The author also contends a practical
improvement to the voluntary collaboration proposals to resolve the disputes
surrounding SEPs.
Table of Contents
I. Introduction
II. A Holistic Review of Current Issues in
FRAND Disputes
A. Interpretation of FRAND Commitments
B. Determination of FRAND Royalty
C. Antitrust Issue
III. Implications for ICT Industry
A. Response of ICT Industry to the Courts’
Resolutions
B. Potential Adverse Effects of Courts’
Resolutions
C. Alternative Methods to Resolve FRAND
Disputes
IV. Recommendations
A. FRAND Royalty and Injunctive Relief
B. Alternative Methods for FRAND Licensing
V. Conclusion
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