Valuing Standard Essential Patents




About the Course:

This unique webinar thoroughly explains the formation, structure and functions of standard-essential patents. What is even more unique about this program is that a variety of methodologies and case studies for valuing standard-essential patents are presented.

If you don’t know the answers to questions such as these, you really should listen to this webinar:

  • How can FRAND licensing terms be deconstructed?
  • How have courts determined acceptable royalty stacking arrangements?
  • How do SEP licensing models account for the contribution of a variety of contributed patents? Floors and caps for average selling prices? Royalty rate schedules and fixed per-unit royalties?
  • How does the “top-down” method for determining FRAND royalty rates differ from the “bottom-up” method?
  • Why are there discrepancies in the number of an innovator’s standard essential patents (the numerator)? Why are there discrepancies with the total number of SEPs covering the standard (the denominator)?
  • What are the steps, established by Huawei v. ZTE, for triggering injunctions?
  • Are individual patent filings or patent families counted as individual standard essential patents?
  • Why is it so expensive to determine the essentiality of standard essential patents?
  • What criteria do patents have to meet—in terms of essentiality, elements, claims, specifications, coherency and being practiced—in order to comply with a standard?
  • What are the obligations of members of standard setting organizations?
  • What role does the “honor system” play in declaring and determining essentiality?
  • What are the differences between standard-essential patents, cross licensing and patent pools?
  • What are the differences between “hold-up” and “hold-out” negotiating gambits?

Course Leaders: Erik Chmelar PH.D., Senior Associate, DilworthIP

Erik Chmelar works at the intersection of technology, business, and law to develop practical intellectual property strategies that achieve meaningful results for his clients. He takes a comprehensive approach to his clients’ needs, leveraging over 20 years of industry experience as an engineer, research scientist, project manager, entrepreneur, professor, and patent attorney.

Erik spent more than a decade at leading Silicon Valley corporations advancing the state-of-the-art in high-speed SerDes PHY receivers and VLSI-circuit testing methods. He later applied his expertise to the medical device industry to research and develop smart medical devices and advanced surgical robotics. In parallel, Erik also founded several startups, both in the high-tech semiconductor industry as well as the low-tech consumer products industry.

Erik writes and prosecutes patents from several critical perspectives. As an experienced technologist, he distills complex inventions down to their fundamental elements. As a successful entrepreneur and corporate business leader, he uses technology roadmaps to inform drafting strategies for patent claims. Finally, as an experienced expert witness for both offensive and defensive litigation, he knows how to write strong patents to withstand scrutiny in court. Whether his clients are developing new technologies, defending against competitors, or asserting patents against infringers, Erik tenaciously helps his clients create, protect, and use their intellectual property to the fullest.

Course Length: Approx. 1.5 hours

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