Panel: Khue Hoang (Hughes Hubbard & Reed LLP, New York City), Rick Chang (Morgan Franich Fredkin Siamas & Kays LLP), Joe Yang (moderator; PatentEsque Law Group, LLP, Menlo Park)
The assertion/monetization of standards-essential patents is becoming big business. Not surprisingly, parties often cannot agree on a RAND royalty rate. Thus, over the last few years, many important cases concerning RAND have been decided in the courts. This panel will provide practical advice to licensing and/or litigation attorneys needing to negotiate and/or litigate RAND royalty rates under standard-essential patents. We will summarize, compare and contrast the major U.S, European and Asian RAND court decisions to date, including guidance for negotiation behavior, license structure, royalty rates, essentiality determinations, reasonableness, and (non-)discrimination. We will conclude with thoughts on SEP/RAND implications for current and emerging industries.
Many thanks to Foley & Lardner LLP for its generous sponsorship of this event (including food and drinks)!
MCLE accreditation pending.