Subject to change
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This panel will explore SEP FRAND negotiations and rates from the perspectives of a diverse group of experienced stakeholders. The objective is to provide the audience transparency on a topic that is often opaque. We expect a lively discussion stemming from the differing views and experiences of the panelists, which will include representatives of operating company licensees, operating company licensors, NPE licensors, and licensing strategy advisors. The panel will cover some combination of the following topics:
• FRAND ask rates vs. agreed upon rates
– Size of the delta and how to efficiently and effectively bridge it in negotiations• Privately agreed rates vs. court imposed rates
– How and why they differ
– The significance/weight of court-imposed rates in private negotiations• Variance in FRAND ask rates
– Explore the variance in ask rates among licensors of a given standard, and whether such variance is predicted by characteristics of the licensor – e.g. entity size, portfolio size, portfolio origin (internal vs. acquired), entity type (NPE vs. operator), licensing program funding source (external vs. internal), etc.
•FRAND rate setting methodologies and frameworks
– Benefits and drawbacks of declared patent counts as a value apportionment methodology
– Practical alternatives or adjustments to patent count-based calculations
•FRAND negotiations process
– Licensors – how to prepare and structure the initial approach and ask
– Licensees – how to prepare and structure counteroffers
– Balancing precedent benchmarks – licensor’s precedents on the same patents vs. licensee’s precedents within the same standard
Join us on October 16th for a captivating fireside chat with Andrei Iancu, former Director of the United States Patent and Trademark Office, and Walter Copan, former Under Secretary of Commerce for Standards and Technology. In this exclusive conversation, these thought leaders will provide new insight on the Renewing American Innovation project, revisiting our earlier conversation and shedding new light on what it will take for the United States to continue its technological and innovation leadership. They will also address the increasingly important role of both standards and intellectual property, and will explore how LES’s growing portfolio of consensus-based standards in intellectual property and intellectual capital management fit in the landscape of American innovation.
Whether you were part of our previous conversation or are joining us for the first time, this follow-on fireside chat, moderated by the LES Standards board Chair Will Cottrell, promises to be an enlightening and insightful event for both licensing professional and other curious minds. Reserve your seat now and be part of the discussion.
The panel will focus on topics of practical significance to the changing IP dealmaking landscape and preparing IP and licensing professionals to handle new developments in legal, technological, and business practices they’ll face in the next few years through the lens of LES Standards. And will highlight how LES is leading the way in Dealmaking Trends in the Evolving Innovation Economy through the ANSI-accredited LES Standards Development Organization.
Three LES Standards Board members are presently planning the panel content and full roster of speakers. The session will focus on practical ways in which the Standards matter, as well as the current process and opportunities available to everyone in the IP dealmaking space. The focus areas for every Standard were selected by leading experts with decades of experience. And each Standard is a result of a consensus drafting process by representative committees of experts on the topic of the Standard.
Learn more about how these directly on point Standards can improve your work, benefit the profession and make the IP dealmaking landscape more efficient. And for those interested in learning more about and helping shape their profession, opportunities for engagement.
By 2025 over 75 billion devices will be connected. These IoT devices span every major industry including manufacturing, logistics, utilities, medical devices and healthcare, not to mention consumer products we use every day. Given the growth and sheer breadth of industries and sectors that fall under the IoT umbrella, this is a market that we as a licensing community need to focus on now.
Our panel will bring together implementers and patent holders in the IoT space, as well as experts who are engaged in and understand the industry economics and trends, in what will be an engaging and informative talk. As a licensing community, taking best practices from licensing in the mobile device/telecom space while recognizing and learning from past mistakes and adding a little creativity/flexibility will help us get in front of this new and exciting opportunity.
This panel will discuss potential licensing models and their role in licensing in the IoT space and possible variations of traditional licensing models. For example, would a “one stop shop” model like patent pools or patent platforms work for certain IoT verticals that use multiple connectivity technologies (e.g., 5G, Wi-Fi, mesh protocols, LPWAN, RFID) and/or “menu” licensing (e.g., certain segments of cellular like NB-IoT)? Is there a role for independent forums to determine licensing rates and structure, maybe on an industry by industry basis? Are licensing negotiation groups a solution to allow licensees to coordinate or is this anticompetitive?
Transparency is always an issue in licensing, but in the IoT space it’s even more important. How can we as licensing professionals introduce more transparency in the process-on an industry or sector level can we engage potential implementers and patent holders at an earlier point for candid discussion around industry economics. Involve business people/technical/engineers in the mix? Use of simple licensing terms and/or rate cards? Look to companies that track detailed data and market intelligence on patents that may relate to the IoT space for help? We will discuss what implementers need/want from patent holders and vice-versa. Sorting this out sooner rather than later will lower transaction costs and a reduce litigation.
Our panel members who operate at different levels of the production chain for IoT devices may discuss both where in the chain licensing could occur (or does it matter from an economic perspective) as well as evolving issues of indemnification.