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Senior Consultant Dr. Georgios Effraimidis, Director Dr. Daniel Werner, and Managing Director Kristopher Boushie have published the article “Determination of FRAND Royalty Rates: An Examination of Prominent SEP Cases” in the Journal of Intellectual Property Law & Practice. The article discusses important litigation over the last decade concerning standard-essential patents (SEPs), which allow for patented inventions critical to a shared technological standard to be licensed at “fair, reasonable, and non-discriminatory” (FRAND) terms.

Because the determination of whether SEP royalty rates are FRAND often falls to courts, it is crucial for practitioners to understand the economic models and arguments commonly used in these patent disputes. The authors discuss how various approaches to calculating a reasonable royalty have been applied in key SEP cases.