SEP Year Book 2024

An SEP owner who alerts the accused implementer of its SEPs, their mode of infringement, makes a FRAND offer, and in certain situations, provides necessary information (subject to NDA) for a licensee to be able to evaluate [the ‘nondiscriminatory’ part of FRAND] an offer. If the licensor makes a supra-FRAND offer i.e. exorbitant royalty rates, then it will not be considered a willing licensor.