FRAND Royalty Rates and Terms

We have extensive experience, both inside and outside the courtroom, in establishing and evaluating FRAND-compliant royalty rates and terms for standard-essential patents (SEPs). Our clients include Fortune 500 companies, small businesses and start-ups, patent pools, and standard-setting organizations (SSOs). We serve our clients in litigation and arbitration, licensing negotiations and development of new licensing programs, valuation of individual patents and portfolios, and formation of and rate-setting for patent pools.

We have supported clients with a comprehensive range of analyses:

  • Identifying patent features
  • Establishing appropriate pricing levels
  • Assessing technology transfer terms
  • Identifying benchmark payments

We also have extensive experience working with clients related to antitrust allegations of market power abuse, patent hold-up, and royalty stacking.

Our experts offer in-depth knowledge of market dynamics, technical requirements, and business and regulatory challenges in many different industries, including technology and life sciences. We combine sophisticated economic analysis and industry-specific knowledge with a deep understanding of the workings of SSOs and familiarity with a wide range of new and established standards.

Our FRAND work has involved a wide range of standards, such as:

  • 2G, 3G, 4G, 5G, and LTE
  • AAC
  • AMR-WB
  • ASLR
  • ATSC
  • AV1
  • Blu-ray
  • DVD
  • EVS
  • HEVC / H.265
  • HSPA
  • LTO-4, -5, -6, -7, and -8
  • MPEG-1 and -2 Audio
  • VP9
  • Wi-Fi

Our FRAND work also has involved a variety of product categories, such as:

  • Base stations
  • Blu-ray players and discs
  • CDs
  • DVDs 
  • Desktop and laptop computers
  • Game consoles
  • LTO tape storage devices
  • Medical imaging products
  • Mobile phones
  • Set-top boxes
  • Tablets
  • Televisions