Date and time
Start: Thursday 8 April 2021, 11:00 AM
End: Thursday 8 April 2021, 12:00 PM
Thursday 8 April
Start: Thursday 8 April 2021, 11:00 AM
End: Thursday 8 April 2021, 12:00 PM
Standards are playing an increasingly important role as we move from mobile phones to a wide range of connected devices. New entrants who have not traditionally been part of the telecommunications industry are entering the arena, as wireless connectivity improves existing products and creates markets for new devices and services. Creation of the telecommunications standards has required enormous investments from many companies co-operating to determine the best technical solutions for these standards, and significant patent portfolios have grown from this investment. Patent owners have committed to license their essential patents on FRAND (Fair, Reasonable And Non-Discriminatory) terms, but new entrants and new business models challenge our understanding of how this applies. The last year has seen new case law and regulatory decisions which change the rules by which the game is played.
Kevin Scott and Richard Vary will give an overview of the current situation, including the following topics:
What is a SEP?
The effect of the FRAND commitment and how courts seek to enforce it
The unwilling licensee: Sisvel v Haier
FRAND valuation: how the UK, the US and China have approached the exercise
Jurisdiction, Anti-suit injunctions and AASIs
New tactics: Wuhan submarines and French hostages
Fellows
Dr Kevin Scott works for Philips Intellectual Property & Standards, where he leads a global team of licensing professionals in licensing Philips patents to third parties in technical areas including telecommunications (UMTS/LTE/5G) and television. Dr Scott has over 20 years’ experience in licensing standard essential patents (SEPs) to companies large and small and has extensive experience in multinational litigation of SEPs. Before joining the IP profession in 1997, Dr Scott worked at Philips research laboratories in the creation of computer simulation programs.
Dr Scott’s technical background is in electrical engineering (with a PhD from University College London) and physics (with a degree in Natural Sciences from Cambridge University). He is a UK Chartered Patent Attorney and a European Patent Attorney, a Council member of the UK’s IP Federation, and is included as a top practitioner in IAM’s Strategy 300, 2024.
Richard is a partner in Bird & Bird’s Intellectual Property Practice. At Bird & Bird, Richard has been involved in SEP disputes between Nokia and Apple, between Qualcomm and Apple, between Nokia, Daimler and Continental, and Mitsubishi and Sisvel against Oppo, OnePlus and Xiaomi. Before joining Bird & Bird in 2016, Richard was the Vice President and Head of Litigation at Nokia. During his time at Nokia he managed international patent litigations and arbitrations between Nokia and Apple, Samsung, Qualcomm, LGE, Blackberry, IPCom, HTC, and Viewsonic. Richard has been named twice in Managing IP’s annual list of the 50 most influential people in intellectual property and is regularly viewed as a corporate IP star by MIP. At Nokia, he was awarded ‘In-House Counsel of the Year’ by the Lawyer. Richard sits part time as a District Judge in London and the South East, and in the Intellectual Property Enterprise Court. He has a degree in Natural Sciences from Cambridge University.
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