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Licensing and Litigating Reasonable Royalties for the Patents in Technical Standards
When: September 22, 2010 
11:30 AM - 2:00 PM
Sponsored and hosted by: Weil, Gotshal & Manges LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 and NERA Economic Consulting
Technical standards are an important component of the process of turning intellectual property into marketable products. Usually participants in a standard-setting organization are required to agree to license any of their intellectual property that is incorporated into a standard on Fair, Reasonable and Non-Discriminatory (FRAND) terms. Licenses with specific royalty rates are generally negotiated after the standard has been established. A frequent difficulty in the process of negotiating these licenses is defining a FRAND royalty, an issue that often results in litigation. This program will discuss the meaning of FRAND in the context of licensing a patents in a standard, and how FRAND would compare to reasonable royalties under Georgia-Pacific, a case that describes the factors that courts should consider in determining a reasonable royalty on a patent. Panelists from NERA Economic Consulting and from Weil, Gotshal & Manges will discuss 1) the economics of standards and FRAND, 2) what happens when these issues get taken up in the courts and 3) the impact of these considerations on the bylaws, rules and operations of standard-setting organizations
Patent Reform by Fiat: The Federal Circuit Takes Charge
When: October 27, 2010 11:30 AM - 2:00 PM
Sponsored and hosted by: Howrey LLP
The last two years have seen an increasingly aggressive Federal Circuit move to address a number of issues, especially those that have been driving the patent reform debate. By repeatedly taking matters en banc, issuing writs of mandamus, and even sitting by designation, the Federal Circuit has moved to take center stage. This program will review the recent activity by the Federal Circuit covering the issues of inequitable conduct, venue, and damages.
Pitfalls in Monitoring and Enforcing Licensing Agreements
When: February 23, 2011 11:30 AM - 2:00 PM
Sponsored and hosted by: Moss Adams