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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Back to Balance

The Balance of F/RAND

The remedies a court can impose on behalf of a standard-essential patent owner whose Essential Patents are infringed, and even the remedies an Essential Patents owner requests became an especially contentious question between 2013-2015.  During that time window, it seemed like courts and regulators were trying to severely limit the remedies available for Essential Patents infringement, and facilitate strategic infringement, also known as “efficient infringement”. Thankfully, a sense of balance seems to be returning to the policy landscape surrounding Essential Patents.  Proof of this return to balance can be seen in the approach to Essential Patent remedies of the December U.S. executive branch statement on this topic.

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Anti-Patent Leadership Taking IEEE-SA on The Road to Knowhere? Part II

In my prior piece, I noted IEEE General Director Karachalios’ anti-patent positions and protectionist associations that one might find troubling in a 25 year EPO employee or the Managing Director of what is billed as the “world’s largest technical professional organization for the advancement of technology.” One would have assumed that love of technological growth and internationalism were a key requirement for such a position.  Yet a review of Karachalios’ positions seem more that of an ideologue than anything else. Indeed, like many an ideologue, he shows disdain for pragmatism and an almost childish approach to established norms. How else to explain the series of creative self-published pieces justifying the IEEE-SA IP policy rule provisions.

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Anti-Patent Leadership Taking IEEE-SA on The Road to Knowhere? Part II

In my prior piece, I noted IEEE General Director Karachalios’ anti-patent positions and protectionist associations that one might find troubling in a 25 year EPO employee or the Managing Director of what is billed as the “world’s largest technical professional organization for the advancement of technology.” One would have assumed that love of technological growth and internationalism were a key requirement for such a position. Yet a review of Karachalios’ positions seems more that of an ideologue than anything else.  Indeed, like many an ideologue, he shows disdain for pragmatism and an almost childish approach to established norms.  How else to explain the series of creative self-published pieces justifying the IEEE-SA IP policy rule provisions.

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Standard Essential Patent Licensing Management

I am very pleased that Practical Law has published a piece I co-authored with Doug Clark and Eric Stasik that discusses anti-trust issues associated with Standard Essential Patents (SEPs) and considerations for counsel managing SEP licensing programs.  The purpose of the article was to provide a high-level overview of the entire life-cycle of SEP management from creation to licensing/litigation.

SEP Licensing - Dec19Jan20 PracticeNote

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

Anti-Patent Leadership Taking IEEE-SA on The Road to Knowhere? Part I

The IEEE?

As I noted previously, over the past five years or so, the IEEE has been captured by the implementer lobby and its advocates. But where did this trend originate from? It probably has its roots in its leadership.  In 2012, IEEE announced the appointment of Konstantinos Karachalios as its Managing Director.

The announcement boasted Karachalios’ 25 years of experience with the European Patent Office (EPO). However, what it failed to mention, was his long track record of expressing anti-patent positions, which likely held up his promotion and expedited his departure from the EPO.

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New Video Series on SEPs and Emerging Technologies

Very pleased that the first video of my talk for PatSnap’s Academy on SEPs is available.  This video, at just under 9 minutes, covers basic terminology and a short history of SEPs.

https://academy.patsnap.com/courses/5aa90c52a8103300142e12e2/units/5d9ef963fcbf6d122d1404b1