Royalty Damages Expert In Global Patent Litigation

Background

A leading wireless equipment producer was forced into global litigation by a leading handset manufacturer, each with significant 4G and 5G cellular Standard Essential Patent (SEP) portfolios. The dispute arose during their cross-license negotiations over a net payment to be paid by the handset manufacturer for a future fixed term. The net payment in question was to be based on their expected sales and fair, reasonable, and non-discriminatory (FRAND) royalty rates.

The litigation includes parallel offensive and defensive proceedings in China, the U.S., Brazil, the UK, the Unified Patent Court (UPC), and German Courts in Munich and Frankfurt. The courts in each of these venues were asked to consider whether their respective offers and counteroffers were based on FRAND rates. Given the legal, technical, and economic complexity of FRAND rate determinations, each company engaged independent experts to evaluate their respective positions.