This webinar examined the Findings of Fact and Conclusions of Law issued by Judge James Robart of the Western District of Washington in Microsoft v. Motorola. This order marked the first time that a US court has made a detailed determination of reasonable and nondiscriminatory ("RAND") licensing terms for portfolios of standard-essential patents (SEP) that the SEP owner committed to license on RAND terms. The opinion presented a legal framework for resolving RAND disputes and provides rulings on the value of SEPs where a RAND commitment exists. NERA Senior Vice President Dr. Alan Cox, who chairs the firm's Intellectual Property (IP) Practice, was invited to discuss these issues with William Coats, an IP litigator at Greenberg Traurig; and Marc Sandy Block, staff counsel at IBM Corporation's IP Law headquarters. Starting with the traditional 15 factors outlined in Georgia-Pacific for setting a reasonable royalty, Judge Robart modified nine and discarded three to fit the context of SEPs and RAND licensing. His analysis concluded that SEPs should be valued in light of the incremental contribution of the patented technology to the capabilities of the standard, and the contribution of those technical capabilities to the licensee and its products. The panelists described, analyzed, and assessed Judge Robart's opinion.

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