We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

Diving below the surface

Intellectual Property Magazine

Diving below the surface

Stout’s Scott Weingust, MacHibler and John Bone discuss thechallenges with determining FRAND royalty terms for SEPs using the ‘top-downmethod’

The licensing of standardessential patents (SEPs) typically requires that they be licensed on a fair,reasonable, and non-discriminatory (FRAND) basis. There are several methods that can be used todetermine FRAND royalty terms for SEPs (whether a running royalty rate, lump sumpayment, or other terms), one of which is typically referred to as the‘top-down method’. The top-down method has gained acceptance among many in theSEP licensing community, at least in part due to its reliance by the courts inboth TCL v Ericsson 1 and Unwired Planet. 2

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?


Request a trial Find out more