Partner Richard Hsu (Menlo Park-Intellectual Property Transactions) co-authored an article with Stephen Schott, a patent attorney at the Schott Law Office, titled "The Risks of Applying FRAND Calculations to Non-SEPs" that was published by Law360 on December 2.
The article addresses the consequences of applying the fair, reasonable and nondiscriminatory royalty rates awarded by the courts for standard-essential patents to patents that are not essential to practicing a standard. According to the authors, such a move "could drastically undermine the incentives for innovation in the technologies on which complex systems are based." They further note, "Even if there was a consensus that such a change might be desirable, it should only be undertaken in slow, carefully measured steps."
Read the full article, The Risks of Applying FRAND Calculations to Non-SEPs.
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