IP Litigators Address Key Considerations for FRAND Patent Licensing Strategy in World IP Review

IP litigation partners Steven Pepe and Kevin Post (both of New York) and IP litigation associate Samuel Brenner (Boston) co-authored a Sept. 10 article in World IP Review that examines three major questions when devising a strategy for licensing patents on fair, reasonable and non-discriminatory (FRAND) terms.

The authors explain that the owner of a patent that is essential to an industry standard should consider the appropriate scope of the proposed license, what form the royalty payments should take, and what methodology they will use for calculating their proposed FRAND rates.