How to Use Standard Essential Patent Data for a FRAND Defense Strategy

Tim Pohlmann, founder of LexisNexis IPlytics, speaks at a LOT member webinar speaking about the latest insights into using SEP data in FRAND negotiations to identify and establish a neutral, data-driven foundation for your licensing strategy.

Manufacturers and providers of standard-compliant products and services must be prepared to address royalty demands from patent holders and patent pools related to standard essential patents (SEPs). When these requests arise, most standards implementers commonly ask: How many SEP owners and patent pools are likely to seek royalties from us? What is the total royalty amount we must pay for all SEPs associated with a particular standard?

Analyzing standard-related patent landscapes is essential for effective FRAND licensing negotiations. This patent data on technologies such as 4G/5G, Wi-Fi, HEVC/VVC, AV1/VP9, AAC, OPUS, or Qi Wireless allows for a comparison of licensing offers and an evaluation of the relative value of different patent portfolios. Key questions addressed include:
• Is the SEP owner's royalty request comparable to patent pool rates?
• Is the royalty demand in line with rates identified by economic studies?
• Is the royalty demand consistent with court-determined FRAND rates?
• Is the patent owner's or patent pool's royalty demand excessive?

In this webinar, Tim provided an in-depth analysis of selected SEP landscapes and demon-strate how to extrapolate these insights to determine aggregate royalty rates. He will then ex-plain how to effectively use this data to negotiate royalties and strategically plan IP budgets.