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ARTICLE · 22 SEPTEMBER 2022

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FRAND Licence Agreements For Smartphones And IoT

Potter Clarkson LLP
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As our news roundup shows, competing or aligned commercial interests, alongside infringement and validity disputes, underscore the complexities surrounding FRAND licence agreements for smartphones and IoT.

United KingdomTechnology
Craig Brownlie
Craig Brownlie
Graeme McCallum
Graeme McCallum
Andrew Pearson
Andrew Pearson
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As our news roundup shows, competing or aligned commercial interests, alongside infringement and validity disputes, underscore the complexities surrounding FRAND licence agreements for smartphones and IoT.

The recent spate of standard essential patent, SEP, litigation involving FRAND licensing has made it even more critical that clients seek professional advice at an early stage where SEPs and FRAND licensing may be involved.

Arriving at, and abiding by, FRAND terms is a delicate balancing act.

FRAND LICENCE AGREEMENTS FOR SMARTPHONES

ERICSSON & APPLE

  • Ericsson is accusing Apple of infringing its patents in respect of their 5G chips used in current iPhones.
  • The relationship between these companies appears hostile: Apple sued Ericsson in December of last year, claiming that the Swedish company violated FRAND terms; and Ericsson in turn accused Apple of wasting court resources by forcing unnecessary litigation on two fronts.

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