The Department of Justice Affirms End Device Licensing – The Avanci 5G Licensing Business Review Letter

This week the Department of Justice issued a business review letter (BRL) relating to Avanci’s proposed 5G licensing platform for patents declared as potentially essential owned by its globally diverse thirty eight licensors.   In direct contrast to creative claims attempted by Continental, Robert Bosch, Bury, Gemalto and Daimler in their antitrust complaint to the European Commission’s Directorate General for Competition (DG COMP) European Commission, the US Department of Justice undertook vigorous traditional antitrust analysis of end device licensing and affirmed Avanci’s licensing model after recognizing its numerous procompetitive benefits. In today’s inter-connected antitrust environment, this analysis helps guide the DG COMP analysis of this matter as well as a potential review by the European Court of Justice.

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The Real Empty Suit? Unified Patent’s Reverse Trolling Take 2

It seems that Unified Patent’s year plus PR campaign (see) against HEVC assets in the US has run out of steam. While their COO’s incoherent rants about Velos Media may be amusing, as I detailed earlier the campaign was misguided and rife with factual errors.

Velos, whose members include BlackBerry, Ericsson, Panasonic, Qualcomm, Sharp, and Sony, has the right to license well over five thousand HEVC patents.  These six companies invested significant R&D into developing the HEVC standard. According to the Velos website, their collective technical contributions account for around 40% of the mandatory and optional features of the standard. Technical contributions are a widely accepted indicator of patent quality (3.6), and a strong indicator of underlying research and development, which in turn has been correlated to positive economic growth and quality patents (e.g.). Surely a single forum to license such a substantial portion of the technology would be a good thing and “should be encouraged” (p8) because it can save licensees hundreds of millions of dollars in transaction costs.  But seemingly not, according to Unified. Read more

SEP litigation and the internet of things (video 4 of 4)

My talk for PatSnap is available here https://www.youtube.com/watch?v=ChQYjVMamu0

How are SEP royalties calculated (video 3 of 4)

My talk for PatSnap is available here https://www.youtube.com/watch?v=xFnxo_1Tt_0

How do you identify and license SEPs (video 2 of 4)

My talk for PatSnap is available here https://www.youtube.com/watch?v=QjgdgRy47Ms

5G, IoT and Standardization (video 1 of 4)

My presentation for PatSnap is available here https://www.youtube.com/watch?v=aWrcfuYyRHU

New IAM publication (re-posted with corrected links)

I am very pleased to report that IAM has published a short post by Eric Stasik and myself looking at Nokia’s published licensing revenue in light of the current SEP licensing ecosystem.

The article can be found on IAM’s website here: https://www.iam-media.com/frandseps/nokia-licensing-income

Apologies for the original link – as it seems to be broken.  Try here in the interim.

 

New IAM publication

I am very pleased to report that IAM has published a short post by Eric Stasik and myself looking at Nokia’s published licensing revenue in light of the current SEP licensing ecosystem.

The article is available here https://www.davidlcohenpc.com/wp-content/uploads/2020/03/nokia.jpg

IPlytics’ Patent-Counting Fallacy

Just tell me how many, they’re all the same

There is no doubt that the number of patents declared as potentially essential to technical standards is not an indication of essentiality; its only purpose is to make those declared patents accessible on FRAND terms should they ever become essential. Tim Pohlman, founder of IPlytics a commercial technology consultancy, participated in an empirical study and report of essential patents commissioned by the European Commission (Tender No ENTR/09/015 (OJEU S136 of 18/07/2009)).  In December 2016 his consultancy, released a 62 page report on SEPs commissioned by the EC.  The report was the result an heroic effort to sort through and normalize patent declaration data for all widely adopted standards (See Fig. 1).  This work was (and is) important and should not be under-valued. It has long been recognized (e.g., n.10), that patent declaration information “can be hard to find, [] the links are often messy, and standards often see improved, updated releases.” On the back of the data the IPlytics team has been collecting about patents declared as potentially essential and 3GPP documents, they have been issuing privately-commissioned reports discussing their data as well as their analysis of the data in greater detail. Their recent reports  on 5G have been widely discussed in the media and at conferences.

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My Compete PatSnap Academy Course on SEPs and Emerging Technologies is Now Available

It consists of 5 short videos (between 4-9 minutes each).  I hope viewers find it useful and informative.

https://www.youtube.com/playlist?list=PLZbvV5Lir4QUaIuh72E4unY9LCkWKdcvb