The intersection between intellectual property and antitrust law is a growing, worldwide phenomena. The differing attitudes and approaches toward IP of regulators in North America, Europe, China, India, Korea, Brazil and Japan can create many traps for the unwary. Navigating the potential pitfalls requires experience. Nowhere is this intersection more fraught that with Standard Essential Patents or SEPs.
SEPs must be asserted and licensed in a (fair) reasonable and nondiscriminatory or F/RAND way. These requirements make SEPs one of the most complicated and highly regulated assets on the planet. Yet they are a key value driver behind the telecommunication, software and wireless industries. However, the overlapping anti-trust and contractual obligations from multiple jurisdictions can quickly ensnare the unprepared in needless contractual and anti-trust litigations, and even potential criminal investigations. Complying with one’s F/RAND obligations as both a licensee and licensor is a constantly moving target involving such complementary disciplines as patent analysis, economics, engineering, business analysis, licensing, and anti-trust.
David L. Cohen has easy access to world-renown expert consultants that have been at the cutting edge of all aspects of F/RAND in all relevant jurisdictions around the world. He is a popular speaker and author on the topic. He has been centrally involved in some of the most important F/RAND disputes in history, including Nokia v. Qualcomm, Nokia v. Apple, and Vringo v. ZTE. More importantly, in each of those disputes he was part of a team that brought stellar results to his clients.
F/RAND need not always involve litigation, and David L. Cohen, P.C. will work hard at establishing the framework for cordial and meaningful discussions with all the relevant stakeholders to ensure the best possible outcome for their clients. We will quickly work to size-up the situation and offer a comprehensive plan to ensure both compliance with the relevant regulatory regimes as well as achieving your business goals in a cost effective manner.