Wednesday 25 October

Standard Essential Patents (SEPs) – licensing and litigation

When and where

Date and time

Start: Wednesday 25 October 2017, 12:30 PM

End: Wednesday 25 October 2017, 01:30 PM

Event Overview

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


Members, Non Members


Kevin Scott, Philips Intellectual Property & Standards

Kevin Scott, Philips Intellectual Property & Standards

Kevin Scott works for Philips Intellectual Property & Standards, where he is a Licensing Program Leader responsible for the licensing of Philips patents to third parties in technical areas including telecommunications (UMTS/LTE/5G) and wireless power.  He has 20 years’ experience in the licensing of 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, Kevin worked at Philips Research Laboratories in the creation of computer simulation programs.  His 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 Chartered Patent Attorney and a European Patent Attorney, a Council member of the IP Federation, and leader of the FRAND and Standards Issues working group in CIPA’s IP Commercialisation Committee.

Richard Vary, Bird & Bird

Richard Vary, Bird & Bird

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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