The case involved patent infringement and FRAND antitrust claims (supra-FRAND licensing and discrimination) for mobile telecom standard essential patents. A CRA expert provided analysis on the economic motivations for FRAND (fair, reasonable, and non-discriminatory licensing) commitments and on whether the offered rates were consistent with FRAND, on behalf of Nokia, Sprint, Verizon.
License to all or access to all? A law and economics assessment of standard development organizations’ licensing rules
Should FRAND commitments be interpreted to require licensing all comers or could access to standards can be achieved through other, less rigid means?