We give high-level advice on SEP and FRAND related topics
to global market leaders.

Competition Law & FRAND

Cases involving standard essential patents (SEPs) have an additional level of complexity due to the requirement that patent owners are obliged to license their portfolios on fair, reasonable and non-discriminatory (FRAND) terms. Such cases are particularly relevant in the mobile telecommunication industry.

rospatt has advised and represented clients from the inception of the development of case law on these requirements. We have in-depth knowledge of where the jurisdiction currently stands and in which direction it may develop with respect to the behavioral standards in the course of licensing negotiations, and in litigation. 

rospatt’s team is involved in the preparation of FRAND offers and counter-offers, as well as in developing litigation strategies concerning injunctions, anti-suit injunctions (ASI), declaratory judgments (DJs), claims for specific licensing terms, and more. In this context, we are familiar with arguments such as hold-up, hold-out, royalty stacking, comparable licenses and unpacking of complex agreements, as well as top-down and bottom-up approaches.