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Unlocking the benefits of transparency in the SEP ecosystem

<div> <div class="pb-2 pt-2 row"> <div class="col-12"> <div class="blogmargin container text-center w-100"> <h1>Unlocking the benefits of transparency in the SEP ecosystem</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-12.jpeg" alt="blog-list-12"></p> <div class="blog-content container pb-4 pt-4 text-justify"> <p>In the fast-paced world of technology standards and innovations, Standard Essential Patents (SEPs) are pivotal in ensuring interoperability and driving technological advances. Indeed, these patents must be implemented by any entity looking to manufacture products or provide services that adhere to industry standards such as 5G and Wifi. The management and licensing of SEPs are thus critical issues for the global market. </p> <p>But what role does transparency have in the SEP environment? Transparency significantly streamlines and enhances the efficiency of licensing processes. It also plays a critical role in fostering enhanced collaboration and innovation. In turn, the ease of navigating the SEP landscape with greater transparency directly benefits market expansion and competitive advantage. Finally, firms that manage their SEPs responsibly are seen as good corporate citizens, which enhances their reputation and strengthens their position in the global marketplace.</p> <p>In this newsletter, we do not argue that the SEP ecosystem is opaque but rather look at the overall benefits of more transparency in the SEP ecosystem.</p> <h2>1. The Crucial Role of Transparency in the Standard Essential Patent environment and its key benefits:</h2> <p>SEPs underpin key technologies in standards like 5G, IoT, and AI, facilitating compatibility and interoperability across a wide array of devices and systems. A transparent SEP ecosystem ensures that these foundational technologies are accessible under fair, reasonable, and non-discriminatory (FRAND) terms.</p> <p>Transparency means appeased relationships between patent holders and implementers. Indeed, stakeholders are calling for greater accountability and clearer guidelines to prevent patent hold-ups and hold-outs, in other words, to ensure that no entity is unfairly blocked from market entry and monetization of their patents.</p> <p>But in the context of Standard Essential Patents, transparency is of course tangible. It encompasses the availability of comprehensive, up-to-date information about which patents are essential, who owns them, and how they can be licensed. Although it is not possible to list all data that should be available to both implementers and licensors, the following documents are usually considered as guaranteeing transparency in the context of SEP negotiations:</p> <p><b>1. Patent Lists:</b> Full and up-to-date lists of SEPs should be accessible.</p> <p><b>2. Patent Licensing Agreements:</b> Licensing agreements may provide benchmarks for FRAND terms, helping parties understand and establish what is considered fair and reasonable in the industry.</p> <p><b>3. Court Decisions and Arbitration Outcomes:</b> Information on previous judicial and arbitration decisions involving the SEPs in question can guide current negotiations.</p> <p><b>4. Royalty Calculation Methodologies:</b> Clear documentation on how royalties are calculated, including any formulas or base rates used, can help both parties understand the financial implications of the licensing agreement and ensure that royalty demands are in line with industry standards.</p> <p><b>5. Technical Documentation of Standard Implementation:</b> Detailed documents that describe how the patents are implemented within the standard can aid in understanding the practical and technical relevance of the patents. This may help in assessing whether a patent is truly essential to the standard.</p> <p><b>6. Third-party Patent Analyses:</b> Independent analyses or evaluations regarding the essentiality and validity of patents claimed as SEPs can help resolve disputes over patent validity and essentiality.</p> <p>The availability of these documents ensures that all parties are well-informed and can engage in negotiations with a clear understanding of the technical and legal aspects of SEPs. But let’s take a closer look at the key benefits of more transparency in the SEP environment:</p> <p><b>Streamlined Licensing Negotiations:</b> Clear guidelines and openly accessible patent information can significantly reduce the administrative burden, time and resources spent on negotiations and due diligence. This improves efficiency in negotiations and facilitates quicker agreements. When companies have access to detailed, reliable information about licensing fees and terms, they can also better forecast costs and incorporate them into their financial planning, thus improving predictability.</p> <p><b>Improved legal certainty and informed legal strategy:</b> Clear and accessible information reduces the potential for misunderstandings and disputes over patent infringement. Transparency also ensures that SEP holders disclose licensing terms that adhere to FRAND commitments, making it less likely for licensees to challenge these terms as unfair or excessive. Finally, transparency allows companies to develop more informed legal strategies, allocating resources to potential areas of dispute before they escalate into full-blown litigation.</p> <p><b>Enhanced Collaboration and Innovation:</b> Enhanced collaboration and innovation are strong benefits of transparency. Indeed, when companies have better visibility into the patents essential to industry standards, they can easily identify partners and collaborative opportunities. This speeds up the development of new technologies and broadens the scope of innovation.</p> <p><b>Market Expansion and Competitive Advantage:</b> market expansion and competitive advantage are directly influenced by increased transparency. Companies that can navigate the SEP landscape with greater ease and confidence are better positioned to enter new markets and scale their operations. Increased transparency levels the playing field, especially for smaller companies or new entrants who might otherwise face opaque markets and hidden costs. This inclusivity can lead to more competition and innovation. Moreover, companies that are transparent about their SEPs are often viewed as more trustworthy, enhancing their reputation and competitive standing in the global market.</p> <p>In light of these dynamics, enhancing transparency in the SEP environment is not just beneficial but imperative.</p> <h2>2-The “Evolving - Non-Evolving” Landscape of SEP Transparency at the EU Level</h2> <p>While the debate about transparency in the SEP environment is not new, it was more specifically reawakened in 2023 when the European Commission proposed a regulation on SEPs, known as COM(2023)232. This proposal aimed at establishing a more structured and transparent framework for the licensing of SEPs, and was part of the broader EU IP Action Plan initiated in November 2020 to support the EU’s recovery and resilience, addressing the challenges and needs of the digital transformation in various sectors like connected cars and Internet of Things (IoT) products.</p> <p>The key tenants of the proposal included:</p> <p><b>The Creation of a Competence Centre:</b> Located at the European Union Intellectual Property Office (EUIPO), the Centre was envisioned to administer several crucial elements of the new framework, including an SEP registry, essentiality checks, and FRAND determination procedures.</p> <p><b>The SEP Registry and Essentiality Checks:</b> The proposal required SEP holders to register their patents, which would then have undergone annual checks to confirm their essentiality to the standards they claimed to support.</p> <p><b>The FRAND Determination Process:</b> The proposed regulation sought to streamline the FRAND licensing process by establishing a mandatory determination period of up to nine months before any court actions could be initiated, offering a safe harbor for negotiations.</p> <p><b>The Aggregate Royalty Rate Notifications:</b> SEP holders and implementers would have been able to notify or request a conciliator to recommend a non-binding aggregate royalty rate, to bring more predictability and transparency to licensing costs.</p> <p>Support Measures for SMEs: This included free advisory services, reduced fees for SEP registration and essentiality checks, and access to the SEP register, promoting more favorable FRAND terms for small and medium-sized enterprises.</p> <p>The regulation faced mixed reactions. While it was supported for its goal to enhance transparency, significant opposition came from major stakeholders concerned about the implications of the increased burden on their business operations, and its consequences on innovation and competitiveness.</p> <p>Implementers generally welcomed the proposal. They viewed it as a potential breakthrough to address the ambiguities and high transaction costs traditionally associated with SEP licensing. Implementers have long advocated for clearer and more predictable licensing frameworks that could help reduce litigation and ensure easier access to necessary technologies. The proposal's focus on establishing a centralized system for essentiality checks and a registry of SEPs was seen as a positive step towards reducing the 'patent thickets' and minimizing the risk of opportunistic behaviors by SEP holders. However, some implementers expressed concerns about the practical implementation of these regulations and the potential for bureaucratic overreach that could complicate rather than simplify the licensing processes.</p> <p>SEP holders or licensors, including major tech companies and patent pools, had more varied responses. While some recognized the benefits of greater clarity and efficiency in the licensing process, others were concerned about the potential constraints on their negotiation leverage and flexibility in setting terms. The proposal’s stipulation for a more rigid framework for determining FRAND terms was particularly contentious. Licensors were wary that such standardization could lead to the undervaluation of their intellectual property, especially in a dynamic technological landscape where the value of innovation cannot be easily standardized across different sectors and products.</p> <p>Industry experts and legal analysts noted that the proposal could lead to significant changes in the SEP landscape in Europe, and pointed out the challenges in balancing the interests of various stakeholders and the potential for unintended consequences if the regulations are not carefully crafted.</p> <p>The proposal highlighted the ongoing tensions between the need for open access to technologies underpinning standards and the rights of patent holders to receive fair compensation for their innovations. On 11th February 2025, however, the European Commission announced the withdrawal of its controversial proposal. This decision was reached due to the lack of foreseeable agreement among stakeholders. The status quo of SEP licensing and enforcement in the EU is thus maintained, without the changes that had been suggested for creating centralized oversight and standardization of FRAND terms through the European Union Intellectual Property Office. The European Commission has nonetheless indicated that it will re-assess the situation to determine whether a new proposal should be tabled or if a different approach should be adopted in the future.</p> <h2>3- Embracing Transparency with FrandAvenue</h2> <p>As the tech industry continues to evolve at a rapid pace, the importance of clear and accessible SEP information becomes ever more crucial in fostering an environment of innovation and fair competition.</p> <p>FrandAvenue offers a pioneering solution to these challenges. By offering a structured and open environment for both SEP licensors and implementers, FrandAvenue facilitates fair and efficient negotiations and licensing of SEPs under Fair, Reasonable, and Non-Discriminatory (FRAND) terms. Here's an exploration of how FrandAvenue contributes to creating a more transparent SEP ecosystem:</p> <p><b>Centralized Information Platform:</b> FrandAvenue operates as a centralized platform where all essential details about SEPs can be accessed by stakeholders. This includes comprehensive patent lists, and detailed information related to each SEP. By aggregating this data in a single, accessible location, FrandAvenue eliminates the common opacity surrounding SEP ownership and status, which often leads to disputes and inefficiencies in the licensing process. This transparency is crucial in helping parties perform due diligence and in fostering an environment where informed decisions can be made more swiftly.</p> <p><b>Streamlining the FRAND Licensing Process:</b> FrandAvenue provides a systematic approach to the FRAND licensing process. It offers tools and resources that help define and understand what constitutes 'fair' and 'reasonable' terms, which are often points of contention in SEP negotiations. By standardizing aspects of the negotiation process FrandAvenue reduces ambiguities that can lead to prolonged disputes. This structured approach not only speeds up the negotiation process but also ensures that it is conducted under transparent and equitable conditions for all parties involved.</p> <p><b>Essentiality Checks and Validation:</b> One of the key features of FrandAvenue is its mechanisms for independent essentiality checks. This tool and service help mitigate one of the major issues in the SEP landscape—over-declaration of patent essentiality. Through transparent essentiality verification, FrandAvenue ensures that licensing negotiations are based on accurate and truthful patent information, thus enhancing trust and reducing litigation risks among stakeholders.</p> <p><b>Supporting SMEs and Innovation:</b> FrandAvenue places a strong emphasis on supporting small and medium-sized enterprises (SMEs) which are often disadvantaged in the SEP licensing market due to lack of resources or expertise in navigating complex patent landscapes. The platform offers tailored advisory services, reduced fee structures, and a signposted negotiation platform that does not require expertise in SEPs. By democratizing access to essential patents and reducing entry barriers, FrandAvenue aligns with the overall goal of a fair and competitive technology sector.</p> <p><b>Advocacy and Education:</b> Beyond just facilitating transactions, FrandAvenue is committed to advocacy and education around SEPs and FRAND issues. The platform conducts webinars and provides educational resources that help all market participants understand the evolving dynamics of SEP licensing. This educational aspect maintains an informed community of stakeholders.</p> <p>By addressing traditional pain points, and by offering structured support to new market players, FrandAvenue enhances the operational transparency of SEPs and ensures that companies from all industry sectors get a FRAND licensing agreement. For more information on how FrandAvenue can assist your company in navigating the complex landscape of SEPs, visit our website at FrandAvenue.</p> <h2>About FrandAvenue: Your Partner in SEP Solutions</h2> <p><b><a href="https://www.frandavenue.com/en/">FrandAvenue</a> :</b> Built for Everyone in the SEP Ecosystem</p> <p>In the evolving world of Standard Essential Patents (SEPs), every stakeholder—whether a patent holder or an implementer—deserves access to tools and resources tailored to their unique needs. That’s why <a href="https://www.frandavenue.com/en/">FrandAvenue</a> was designed to be inclusive and versatile, catering to:</p> <p><b>Patent Holders:</b> We are here to support your teams in strengthening your FRAND position and executing your SEP strategy.</p> <p><b>Implementers of all sizes:</b> From start-ups to large corporations, we help you navigate the SEP environment with confidence.</p> <p><b>All industry sectors:</b> Whether you are in telecommunications, automotive, IoT, or any other sector, our tools streamline SEP negotiations and compliance.</p> <p><b>All Levels of SEP Expertise:</b> Whether you are a seasoned IP professional or new to the complexities of SEPs, our intuitive platform and expert guidance make navigating the SEP landscape easier than ever.</p> <h3>What FrandAvenue Offers:</h3> <p> Access to comprehensive SEP databases, including an augmented SEP database</p> <p> A claim charts marketplace designed to streamline licensing negotiations groundwork</p> <p> Analytics tools for actionable insights</p> <p> Negotiation support tailored to your industry and goals</p> <p><b>Empowering Every Stakeholder:</b> At FrandAvenue, we believe that size, sector, or expertise should never be a barrier to success in the SEP ecosystem. Our platform is here to level the playing field and drive innovation for all.</p> <p>Ready to see how FrandAvenue can support you? Let’s connect! #SEP #FRAND #Innovation #IntellectualProperty #FrandAvenue</p> </div> </div>

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The Essential Guide to Claim Charts for Standard Essential Patents

<div> <div class="pb-2 pt-2 row"> <div class="col-12"> <div class="blogmargin container text-center w-100"> <h1>The Essential Guide to Claim Charts for Standard Essential Patents</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-11.jpeg" alt="blog-list-11"></p> <div class="blog-content container pb-4 pt-4 text-justify"> <p>Claim charts are indispensable tools in the intellectual property ecosystem, particularly when dealing with Standard Essential Patents (SEPs). They play a critical role in assessing whether a patent claim is essential to a technical standard and whether it is “infringed,” which means “implemented” in the context of FRAND-encumbered claims, by the standard in question, i.e., by the product that implements the standardized technology.</p> <p>At FrandAvenue , we specialize in providing high-quality, reliable claim charts that are critical for both licensors and licensees in the SEP ecosystem. Our expertise supports stakeholders in evaluating patent strength, navigating licensing negotiations, and building a solid foundation for litigation or dispute resolution. This newsletter explores claim charts, their components, their purpose in SEP contexts, and how they contribute to licensing negotiations and litigation.</p> <h2>1. What are claim charts and why are they important?</h2> <p>Claim charts serve as a bridge between highly technical patent language and practical applications, ensuring clarity and precision in critical areas such as licensing, litigation, and negotiations.</p> <p>They are structured documents that map a patent's claims to specific technical standards or product elements. This mapping must show a one-to-one correspondence between the patented invention and the standard’s implementation, to demonstrate whether each of the protected characteristics of the patent claim is essential to implementing a particular standard and whether a product aligns with the patent's claims.</p> <p>In the context of FRAND licensing, this exercise is particularly significant because it helps to determine whether the patent in question is indeed essential.</p> <h3>Bridging Complexities and Supporting Negotiations</h3> <p>Patent documents are inherently technical and often difficult for non-specialists to interpret. Claim charts simplify these complexities by breaking down each patent claim into logical elements and mapping them directly to the technical standard or product in question. They provide a simpler framework for discussions between patent holders and implementers.</p> <p>Claim charts are an essential means of asserting patent holders' rights. They can substantiate their royalty demands by demonstrating how their patent claims align with a standard or are implemented in a product. Without claim charts, patent holders would struggle to convey their patents' relevance and value effectively.</p> <p>Claim charts also play a pivotal role in building trust between licensors and licensees. By providing a detailed, evidence-backed account of a patent’s essentiality and applicability, they demonstrate the patent holder’s commitment to transparency.</p> <p>Implementers, on the other hand, rely on claim charts to assess the implementation of a SEP in their product. They can also be used in prior art comparisons for validity challenges. The essentiality analysis involves mapping the patent claims to the standard’s mandatory requirements and highlighting any unique contributions of the patent to the standard. The infringement analysis includes comparing the product’s features with the standard and demonstrating how the product implements the patented technology. Claim charts thus provide implementers with the information needed to determine their use of the patents and negotiate licenses accordingly.</p> <p>In FRAND licensing negotiations, claim charts provide a structured foundation for discussions. They enhance the dialogue by narrowing the scope of disputes. This minimizes the risk of protracted disagreements and facilitates more efficient resolution.</p> <h3>Facilitating Economic Valuation</h3> <p>Claim charts are particularly indispensable when assessing the economic valuation of SEPs and SEP portfolios. They provide a structured and detailed framework to quantify the contribution of a patent or a portfolio to a given standard, thereby offering a more transparent basis for determining appropriate royalty rates. Valuation begins with a detailed examination of the claim charts to confirm the essentiality of the licensed patents.</p> <p>For patent holders, claim charts enable the substantiation of economic value by demonstrating how the patented technology underpins key functionalities or efficiencies within the standard. This direct linkage supports the justification of royalty demands and strengthens the licensing position. For implementers, the scrutiny of claim charts is vital in ensuring that the proposed royalties reflect genuine technical contributions rather than speculative or overly broad claims. A robust economic valuation thus depends on the accuracy and comprehensiveness of the claim charts provided.</p> <p>In SEP portfolio valuations, claim charts help in disaggregating the value of individual patents within a portfolio. By analysing the essentiality and relevance of each patent to specific aspects of the standard, parties can assess the cumulative contribution of the portfolio. This granular analysis is particularly important when negotiating cross-licenses or assessing portfolio-wide royalties, as it seeks to prevent overvaluation or undervaluation of the SEP portfolio.</p> <p>Furthermore, claim charts support third-party assessments, such as those by independent valuation experts or arbitrators. These assessments often involve complex economic modelling, which relies heavily on the technical clarity and accuracy of the claim charts. By bridging the gap between legal, technical, and economic perspectives, claim charts ensure that economic valuations are grounded in reasonably objective and verifiable evidence.</p> <p>However, claim charts alone do not determine the economic value of SEPs or SEP portfolios. Broader considerations, such as market factors, the scope of the standard’s implementation, and the competitive landscape, also play a role.</p> <h2>2. Case studies:</h2> <h3>European Union: Huawei v. ZTE and Subsequent Developments</h3> <p>The landmark decision of the Court of Justice of the European Union (CJEU) in Huawei v. ZTE (2015) established a framework for negotiating licenses under Fair, Reasonable, and Non-Discriminatory (FRAND) terms. Although the decision did not explicitly mandate the use of claim charts, subsequent cases at the national level have emphasized their importance.</p> <p>In Germany, the courts have consistently required a patent holder asserting a SEP to provide detailed technical analyses that demonstrate the essentiality of their claims. For instance, in Sisvel v. Haier (2020), the German Federal Court of Justice stressed that a SEP holder must adequately substantiate its essentiality assertions during pre-litigation negotiations. Here, claim charts were instrumental in demonstrating the connection between the patent claims and the relevant technical standards, forming the foundation of Sisvel’s arguments. Failure to present such detailed mapping has, in several cases, led to the dismissal of claims for injunctive relief.</p> <h3>United States: Microsoft v. Motorola and Beyond</h3> <p>In the United States, claim charts have been pivotal in SEP-related litigation, particularly in disputes concerning FRAND commitments. The case of Microsoft v. Motorola (2013) before the Western District of Washington exemplifies this. The court’s analysis hinged on technical and economic evaluations, where claim charts served to substantiate Microsoft’s argument that Motorola’s SEPs were improperly asserted.</p> <p>In this case, Microsoft argued that Motorola’s proposed royalty rates were not FRAND-compliant. Claim charts were utilized to dissect the scope of Motorola’s SEPs and their alignment with industry standards. The detailed comparison helped the court evaluate the relevance and essentiality of the patents, influencing its determination of reasonable royalty rates.</p> <p>Subsequently, in Uniloc v. Apple (2018), the Northern District of California emphasized the necessity of robust claim charts when establishing a prima facie case of infringement in SEP disputes. The court scrutinized the sufficiency of Uniloc’s claim charts, highlighting their role in satisfying the pleading standards for patent infringement claims.</p> <h3>France: Conversant v. LGE</h3> <p>In this case (2014) in which Conversant (then Core Wireless) asked the Paris court to set the FRAND license rate for a portfolio of about a hundred patent families, Core Wireless had submitted claim charts to demonstrate the essentiality of a sample of 5 families of declared SEPs. At first instance, the court found, based on the claim charts, that Conversant had failed to provide proof of the essentiality of the opposed patents. This decision was confirmed on appeal, based on a sample reduced to only two families, for the same technical reasons.</p> <h3>China: Huawei v. Conversant</h3> <p>China has emerged as a key jurisdiction for SEP disputes, with courts increasingly relying on claim charts to adjudicate complex technical and licensing issues. In Huawei v. Conversant (2019), the Nanjing Intermediate People’s Court underscored the necessity of claim charts in essentiality evaluations.</p> <p>The court required Conversant to provide detailed claim charts mapping its SEPs to the relevant technical standards. This mapping was crucial in determining the scope of Conversant’s FRAND obligations and assessing whether the licensing terms it offered were reasonable. The judgment highlighted that claim charts serve not only to establish essentiality but also to guide the determination of FRAND terms by providing a clear technical basis for valuation.</p> <h3>India: Ericsson v. Xiaomi</h3> <p>India’s judiciary has also recognized the importance of claim charts in SEP disputes. In Ericsson v. Xiaomi (2014), the Delhi High Court granted interim relief to Ericsson based on its prima facie case for SEP infringement. The court relied heavily on Ericsson’s claim charts, which demonstrated the alignment of its patents with the GSM and UMTS standards.</p> <p>The court observed that claim charts were essential in understanding the technical complexities of SEPs and their implementation in the accused products. This case set a precedent for the use of claim charts in Indian SEP litigation, reinforcing their role in facilitating judicial understanding of intricate technical issues.</p> <h3>United Kingdom: Unwired Planet v. Huawei</h3> <p>The UK Supreme Court’s decision in Unwired Planet v. Huawei (2020) is a landmark judgment in SEP jurisprudence. While the court’s focus was on global FRAND licensing rates, claim charts played a critical role during the trial in the lower courts.</p> <p>The High Court relied on detailed claim charts to evaluate the essentiality and validity of Unwired Planet’s SEPs. These charts provided the technical foundation for determining whether the patents in question were truly essential to the LTE standard. The court’s analysis demonstrated that claim charts are not merely procedural tools but substantive documents that underpin key legal and technical determinations in SEP disputes.</p> <h3>Japan: Apple v. Samsung</h3> <p>In Japan, the Tokyo District Court’s decision in Apple v. Samsung (2014) highlighted the importance of claim charts in SEP enforcement. The court required Samsung to provide comprehensive claim charts to substantiate its infringement claims against Apple. The charts’ detailed analysis of the patents and standards was critical in the court’s assessment of essentiality and infringement.</p> <p>This case underscored that Japanese courts view claim charts as a necessary component of SEP litigation, ensuring that both parties and the judiciary can engage with the technical specifics of the dispute effectively.</p> <h2>3. How do claim charts bridge the gap between technical language and implementation of standards:</h2> <h3>Claim charts are detailed and methodical documents that are typically structured into three columns:</h3> <b>Claim Language: </b> <p>The leftmost column reproduces the text of the patent claim, broken down into individual limitations or elements. It typically consists of the patent information and the claim elements. It includes:</p> <p><b>· Patent Number:</b> A unique identifier for the patent.</p> <p><b>· Title:</b> A brief description of the invention.</p> <p><b>· Filing Date and Priority Date:</b> To establish the patent’s timeline.</p> <p><b>· Jurisdiction:</b> The country or region where the patent is granted.</p> <p>The claim elements refer to the patent claims once broken down into individual elements. For example:</p> <p><b>· Claim Language:</b> The specific text of the claim.</p> <p><b>· Element-by-Element Analysis:</b> Each logical element (also called “essential integer”) of at least one independent claim is isolated for comparison.</p> <h3>Standard Section:</h3> <p>The middle column refers to the standard's specific sections, clauses, or technical requirements that allegedly correspond to the claim. This section aligns the claim elements with corresponding portions of a standard or a product. It includes:</p> <p><b>· Standard Clause or Specification:</b> The part of the technical standard that the claim allegedly covers.</p> <p><b>· Product Features:</b> The aspects of the product or service that implement the standard.</p> <h3>Correspondence section:</h3> <p>The rightmost column explains how each claim element is allegedly met by the standard. It includes:</p> <p><b>· Technical Alignment:</b> It looks at whether the explanation convincingly shows that the standard performs the functions or uses the techniques described in the claim.</p> <p><b>· Supporting Evidence:</b> It checks for clear evidence, such as citations from standard documents, flowcharts, or other technical illustrations.</p> <p><b>· Completeness:</b> It confirms that every limitation of the claim is addressed. If any element is not mapped to the standard, the claim may not be essential.</p> <h3>4. The advent of AI in the drafting of claim charts:</h3> <p>The advent of artificial intelligence (AI) is revolutionizing the process of claim chart preparation and introducing new levels of efficiency and scalability. AI tools and methodologies play an increasingly significant role in enhancing the quality and speed of claim chart development.</p> <h3>Automating Claim Element Breakdown</h3> <p>One of the primary challenges in claim chart preparation is breaking down complex patent claims into comprehensible elements. AI can do that very well, using natural language processing (NLP) to identify and isolate distinct components of a claim (Text Parsing). AI will the interpret the context and relationships between claim elements, ensuring segmentation accuracy. Finally AI will detect recurring structures or terms within patent documents, expediting the breakdown process. </p> <h3>Mapping Claims to Standards</h3> <p>AI tools are good at mapping patent claims to relevant sections of a technical standard, a task that traditionally requires significant manual effort. After proper vectorization of the standard documents, AI will analyze and categorize technical standards to identify relevant clauses or sections, match claim elements to standard specifications using natural language processing techniques.</p> <h3>Enhancing Evidence Collection</h3> <p>AI can facilitate the collection of supporting evidence by:</p> <p>· Automated Data Retrieval: Extracting relevant information from databases, technical documents, and prior art.</p> <p>· Visual Aid Generation: Creating diagrams, flowcharts, and schematics based on textual descriptions to illustrate the alignment of claims with standards or products.</p> <p>· Historical Analysis: Mining past claim charts and licensing agreements to identify precedents and comparative data.</p> <h3>Improving Accuracy Through Machine Learning</h3> <p>Machine learning (ML) models can be trained on existing claim charts and patent data to improve the accuracy of AI-generated outputs. This includes:</p> <p><b>· Error Detection:</b> Identifying inconsistencies or ambiguities in claim-to-standard mappings.</p> <p><b>· Continuous Learning:</b> Refining algorithms based on feedback from experts or new data inputs.</p> <p><b>· Custom Models:</b> Developing industry-specific ML models tailored to the nuances of particular standards or technologies.</p> <h3>Accelerating Peer Review</h3> <p>AI can also enhance the peer review process by:</p> <p><b>· Automated Cross-Checking:</b> Comparing AI-generated claim charts with manually prepared charts to identify discrepancies.</p> <p><b>· Highlighting Key Points:</b> Summarizing critical findings for reviewers, enabling quicker validation of essentiality and infringement claims.</p> <p><b>· Collaborative Tools:</b> Integrating AI outputs into platforms that allow simultaneous review and annotation by multiple experts.</p> <h3>Future of AI in Claim Chart Preparation</h3> <p>The integration of AI into claim chart preparation is still evolving, with ongoing advancements promising even greater capabilities. Future developments may include:</p> <p><b>· Real-Time Collaboration:</b> AI-powered tools enabling dynamic, real-time updates and stakeholder collaboration.</p> <p><b>· Predictive Analytics:</b> Using AI to forecast potential licensing outcomes or identify litigation risks based on claim chart data.</p> <h2>Conclusion:</h2> <p>Across jurisdictions, claim charts have proven indispensable in SEP litigation. They provide a structured, detailed, and transparent framework for analyzing essentiality, infringement, and FRAND compliance. Courts worldwide have increasingly relied on claim charts to navigate the technical complexities of SEP disputes and ensure fair and informed decision-making.</p> <p>As the global SEP landscape continues to evolve, the role of claim charts will only grow in significance. Claim charts remain at the heart of the SEP ecosystem, whether in facilitating negotiations, guiding judicial determinations, or shaping licensing practices. At FrandAvenue , we understand the critical importance of well-prepared claim charts and offer tailored solutions to support your needs. Our expertise ensures that your claim charts are robust, comprehensive, and aligned with industry and legal standards—helping you effectively advance your positions in SEP negotiations and disputes.</p> <h2>About FrandAvenue: Your Partner in SEP Solutions</h2> <p><b><a href="https://www.frandavenue.com/en/">FrandAvenue</a> :</b> Built for Everyone in the SEP Ecosystem</p> <p>In the evolving world of Standard Essential Patents (SEPs), every stakeholder—whether a patent holder or an implementer—deserves access to tools and resources tailored to their unique needs. That’s why <a href="https://www.frandavenue.com/en/">FrandAvenue</a> was designed to be inclusive and versatile, catering to:</p> <p><b>Patent Holders:</b> We are here to support your teams in strengthening your FRAND position and executing your SEP strategy.</p> <p><b>Implementers of all sizes:</b> From start-ups to large corporations, we help you navigate the SEP environment with confidence.</p> <p><b>All industry sectors:</b> Whether you are in telecommunications, automotive, IoT, or any other sector, our tools streamline SEP negotiations and compliance.</p> <p><b>All Levels of SEP Expertise:</b> Whether you are a seasoned IP professional or new to the complexities of SEPs, our intuitive platform and expert guidance make navigating the SEP landscape easier than ever.</p> <h3>What FrandAvenue Offers:</h3> <p> Access to comprehensive SEP databases, including an augmented SEP database</p> <p> A claim charts marketplace designed to streamline licensing negotiations groundwork</p> <p> Analytics tools for actionable insights</p> <p> Negotiation support tailored to your industry and goals</p> <p>Empowering Every Stakeholder: At FrandAvenue, we believe that size, sector, or expertise should never be a barrier to success in the SEP ecosystem. Our platform is here to level the playing field and drive innovation for all.</p> <p>Ready to see how FrandAvenue can support you? Let’s connect! #SEP #FRAND #Innovation #IntellectualProperty #FrandAvenue</p> </div> </div>

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From Theory to Practice: The Evolution of IP Strategy in the Age of Generative AI.

<div> <div class="pb-2 pt-2 row"> <div class="col-12"> <div class="blogmargin container text-center w-100"> <h1>From Theory to Practice: The Evolution of IP Strategy in the Age of Generative AI.</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-10.jpeg" alt="blog-list-10"></p> <div class="blog-content container pb-4 pt-4 text-justify"> <p>The rapid proliferation of telecommunications and Internet of Things (IoT) technologies poses significant challenges for managing Intellectual Property (IP) rights. It has led to a dense and intricate landscape of Standard Essential Patents (SEPs). These patents are pivotal for ensuring interoperability and compliance with established industry standards. The sheer volume and complexity of SEPs pose substantial challenges for efficient management and compliance.</p> <p>Generative AI, through its advanced data processing capabilities, offers a promising solution to these challenges by enabling more accurate identification and analysis of patents. We intend here to explore the application of generative artificial intelligence (GenAI) to aid implementers and licensors in identifying relevant patents that cover specific products or applications.</p> <h2>1. Generative Artificial Intelligence</h2> <p>Generative AI (GenAI) refers to the branch of artificial intelligence focused on creating new data instances that resemble the training data. These methodologies have become instrumental across various sectors, enabling applications from synthesizing realistic human voices to generating complex chemical structures. Let's quickly dive into the core methodologies behind GenAI, including how they work and their applications.</p> <p>Generative Adversarial Networks (GANs) consist of two neural networks, the generator and the discriminator, which are trained simultaneously. The generator's role is to create data that is indistinguishable from real data, while the discriminator evaluates whether the generated data is real or synthetic. The two networks compete in a game-theoretic scenario, where the generator learns to produce increasingly realistic data, and the discriminator learns to better distinguish between real and fake data. Its applications are:</p> <p>- Image Generation: GANs are widely used for high-resolution image generation, including creating artwork, enhancing photographs, and generating realistic human faces.</p> <p>- Data Augmentation: In sectors where data can be scarce (like medical imaging), GANs generate additional data for training machine learning models, improving their accuracy and robustness.</p> <p>Variational Autoencoders are another type of generative model that is structured similarly to autoencoders but with a twist in how they handle the encoding process. In VAEs, the encoder not only compresses the input into a smaller representation but also learns the parameters of a probability distribution representing the data. The decoder then samples from this distribution to reconstruct the input. The process results in a continuous, smooth latent space that is useful for generating new data points. Its applications are:</p> <p>- Generating Text and Images: VAEs are used to generate new texts and images that are variations of the training set, useful in tasks requiring creative content generation.</p> <p>- Drug Discovery: In pharmaceuticals, VAEs help in designing new molecular structures by exploring the latent space for molecules with desired properties.</p> <p>Transformers are a type of model that has revolutionized natural language processing (NLP). Unlike previous models that processed data sequentially, transformers process entire sequences of data at once, making them highly efficient and effective at handling context in language tasks. They use mechanisms called attention and self-attention to weigh the significance of different words in a sentence, regardless of their position. Its applications are:</p> <p>- Text Generation: Transformer models like GPT (Generative Pre-trained Transformer) excel at generating coherent and contextually relevant text over long passages.</p> <p>- Language Translation: They are also effective in translation tasks, offering high-quality, real-time translation between languages.</p> <p>Diffusion models are a newer class of generative models that work by gradually adding random noise to data until the original content is destroyed, then learning to reverse this process to reconstruct the original data from the noise. This process helps in learning the data distribution in a detailed and nuanced way. Its applications are:</p> <p>- Image Synthesis and Editing: They are particularly good at generating high-quality images and performing sophisticated image editing tasks.</p> <p>- Audio Synthesis: Diffusion models are also used to generate realistic audio clips, including human speech and music.</p> <p>Autoregressive models predict future values in a sequence based on past values. These models are trained to learn the probability distribution of a sequence and generate data one piece at a time, conditioned on the previously generated pieces. Its applications:</p> <p>- Sequential Data Prediction: Used in fields like finance for stock price predictions or in meteorology for weather forecasting.</p> <p>- Text Autocompletion: In NLP, autoregressive models predict the next word or sentence in a text, enhancing user experience in applications like email drafting and virtual assistants.</p> <h2>2-GenAi application to Standard Essential Patents:</h3> <p>In the context of Standard Essential Patents (SEPs), GenAi can process vast amounts of patent data and relevant legal and technological information that are crucial for both implementers and licensors.</p> <h4>GenAI from the Implementer’s Perspective:</h4> <p>For implementers, generative AI is invaluable in leveling the playing field in SEP negotiations and disputes. By enhancing their ability to analyze claims, negotiate effectively, and manage compliance, generative AI helps implementers navigate the complexities of SEPs with greater confidence and efficiency. This reduces costs, minimizes legal risks, and supports informed decision-making in a challenging and dynamic environment. Here's how implementers can leverage GenAi:</p> <h4>Claim Chart Analysis and Validation:</h4> <p>Essentiality Review: Generative AI can analyze claim charts provided by licensors to assess whether the claims are genuinely essential to the standard.<p> <p>Automated Cross-Referencing: It can compare the licensor’s patents with technical standards and the implementer’s products to confirm whether there is actual use of the patented technology.</p> <p>Prior Art Searches: AI tools can assist in finding prior art or other grounds for invalidating patents.</p> <h4>Portfolio and Risk Management</h4> <p>Portfolio Analysis: AI can assess a licensor’s SEP portfolio to identify which patents are most likely relevant to the implementer’s products and prioritize negotiations accordingly.</p> <p>Risk Mitigation: By mapping patents to standards, AI can help implementers understand their exposure to SEP-related risks and plan responses proactively.</p> <h4>Competitive Intelligence</h4> <p>Licensor Behavior Analysis: Generative AI can track licensors’ litigation histories, licensing agreements, and SEP enforcement strategies to predict negotiation or litigation risks.</p> <p>Market Insights: Generative AI can provide data on licensing trends, royalty rates, and other industry-specific benchmarks to guide the implementer’s strategy.</p> <h4>Compliance with FRAND Obligations</h4> <p>Transparency and Documentation: Generative AI can generate clear and detailed records of licensing negotiations to demonstrate good faith efforts in complying with FRAND obligations.</p> <p>Efficiency in Communication: AI-generated summaries or documents can facilitate clear and consistent communication with licensors and other stakeholders.</p> <h4>Royalty Rate Assessment</h4> <p>FRAND Benchmarking: AI can analyze global licensing agreements, industry norms, and legal precedents to determine if proposed royalty rates align with FRAND principles.</p> <p>Scenario Analysis: Generative AI can simulate various royalty models to understand their financial impact on the implementer’s business.</p> <h4>Licensing Negotiation Support</h4> <p>Counterproposal Drafting: Generative AI can assist in drafting counteroffers and FRAND-compliant licensing proposals tailored to the implementer’s use of standards.</p> <p>Documentation Generation: AI can help producing the necessary documentation, such as detailed responses to licensors’ claim charts or legal briefs, saving time and ensuring accuracy.</p> <h4>Litigation and Arbitration Assistance</h4> <p>Legal Research: AI can help analyzing case law, previous arbitration decisions, and licensing agreements to support the implementer’s position in disputes.</p> <p>Efficient Documentation: It can help generate legal arguments, filings, and speed up preparation for litigation or arbitration.</p> <p>Global Engagement: Generative AI can translate technical, legal, and licensing documents into multiple languages to support international operations and negotiations.</p> <h4>Cost and Time Efficiency</h4> <p>Streamlined Processes: By automating complex analyses, documentation, and communication tasks, generative AI can reduce the time and cost of responding to SEP licensing demands.</p> <p>Scalable Solutions: AI tools enable implementers to handle large volumes of SEP claims and licensing negotiations without significantly increasing resources.</p> <h3>GenAI from the Licensor’s Perspective:</h3> <p>Generative AI can be highly useful for licensors of standard essential patents (SEPs) in several keyways, particularly in streamlining processes, enhancing decision-making, and improving communication. Here's how:</p> <h4>Claim Chart Generation and Analysis</h4> <p>Faster Development of Claim Charts: Generative AI can assist in drafting initial claim charts by analyzing patent documents and technical standards, identifying overlaps, and suggesting mappings between the two. Improved Accuracy: It can cross-reference vast datasets of technical specifications and prior art to validate the essentiality of claims, ensuring higher-quality documentation.</p> <p>Iteration Efficiency: AI tools can quickly revise charts based on feedback, saving time and resources compared to manual updates.</p> <h4>Patent Portfolio Management</h4> <p>Portfolio Insights: Generative AI can analyze large patent portfolios to identify the most valuable patents for licensing or litigation.</p> <p>Standard Mapping: It can continuously monitor updates in technical standards and suggest how existing patents might map to evolving standards.</p> <h4>Licensing Negotiations</h4> <p>Customized FRAND Proposals: AI can assist in drafting tailored licensing offers by analyzing market conditions, historical royalty rates, and technical contributions.</p> <p>Scenario Simulation: It can simulate different licensing scenarios, helping licensors understand the implications of various royalty models and negotiation strategies.</p> <h4>Market Intelligence</h4> <p>Competitor Analysis: Generative AI can process public licensing agreements, patent litigation outcomes, and industry news to provide insights into competitor activities and trends.</p> <p>Royalty Benchmarking: It can analyze royalty data across industries to ensure proposals are competitive and aligned with FRAND principles.</p> <h4>Communication and Outreach</h4> <p>Educational Material: AI can generate clear and compelling explanatory content for potential licensees, making complex technical and legal concepts more accessible.</p> <h4>Litigation and Arbitration Preparation</h4> <p>Case Research: AI can analyze case law, licensing history, and legal arguments to help licensors prepare for litigation or arbitration efficiently.</p> <p>Document Drafting: It can help draft legal briefs, responses, and other documentation, reducing time spent on routine tasks.</p> <h4>Translation and Localization</h4> <p>Global Licensing Support: Generative AI can translate licensing agreements, patents, and technical documents into multiple languages, ensuring licensors can engage effectively with international licensees.</p> <h2>3-Zoom on generative AI and claim charts:</h2> <p>Generative AI doesn’t replace the expertise of patent analysts but serves as a powerful augmentation tool. By automating repetitive tasks, improving accuracy, and enhancing collaboration, AI allows analysts to focus on strategic aspects of SEP management. As AI technology continues to evolve, its integration into claim chart drafting will undoubtedly become a cornerstone of modern IP management, driving efficiency and innovation in the field.</p> <p>Indeed, drafting claim charts for SEPs is a meticulous and time-intensive process requiring a deep understanding of patent claims, technical standards, and corresponding evidence. Generative AI can significantly streamline and enhance this process. It excels at processing large volumes of data quickly and by analyzing patent claims, technical documentation, and standard specifications, it can identify relevant text and extract key information. This reduces the time analysts spend manually combing through dense materials, allowing them to focus on more strategic tasks.</p> <p>Generative AI can also assist by generating mappings of claim elements to evidence in the standard based on contextual understanding. By leveraging natural language processing (NLP) capabilities, AI tools can interpret complex technical language, ensuring initial drafts are both relevant and precise.</p> <p>Furthermore, AI’s ability to learn from prior data means it can adapt to the specific requirements of SEP claim charts, offering suggestions tailored to the nuances of a particular patent portfolio or standard.</p> <p>Gen AI ensures consistency in structure, formatting, and terminological usage. Additionally, AI-driven tools can flag potential gaps or weaknesses in the claim-to-standard mapping, enabling analysts to address these proactively. </p> <p>Generative AI can act as a collaborative partner for analysts, providing them with draft versions of claim charts for review and modification. This iterative process allows experts to refine AI-generated outputs while focusing their expertise on complex interpretive tasks that require human judgment. Moreover, AI-powered platforms can enhance team collaboration by maintaining centralized repositories of claim charts, annotations, and references, enabling seamless sharing and version control. By automating time-consuming aspects of claim chart preparation, generative AI reduces the overall cost of the process. This makes SEP analysis more accessible to smaller organizations and start-ups, which might otherwise struggle with the high costs of traditional methods. </p> <h2>Conclusion:</h2> <p>As GenAI technologies evolve, its integration into IP strategies will likely expand to include more interactive and automated systems such as AI-driven licensing negotiation tools for licensing agreements and blockchains-based platforms for transparent and secure IP transactions. It is predicted that telecommunications and IoT companies will increasingly rely on these advanced technologies to manage the complexities of global pattern landscapes efficiently and effectively.</p> <p>FrandAvenue’s existing solutions from its extensive SEP database to its claim charts marketplace and licensing negotiation space are incrementally integrating AI. We are, indeed, aiming at more efficient, accurate, and user-friendly services, solidifying our position as a comprehensive platform for SEP strategy and licensing. The integration of GenAI to FrandAvenue will streamline operations, and open up new business opportunities. So watch this space for more information!</p> <p>For more information visit <a href="https://www.frandavenue.com/en/home">FrandAvenue</a> or <a href="mailto:contact@frandavenue.com">contact@frandavenue.com</a></p> </div> </div>

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The standardization of 6G

<div class="pb-2 pt-1 row"> <div class="col-12"> <div class="container blogmargin text-center w-100"> <h1>The Standardization of 6G</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-8.jpeg" /></p> <div class="blog-content container pb-4 pt-4 text-justify"> <p>The rapid evolution of wireless communication has transformed how people connect and share information globally. From the early days of analog systems that enabled voice calls to the current 5G networks offering ultra-fast data speeds and low latency, each new generation of mobile technology has introduced significant improvements over its predecessor. However, as the demand for faster, more reliable, and ubiquitous connectivity continues to rise, attention has shifted toward the next frontier: sixth generation (6G) wireless communication.</p> <p>6G is expected to revolutionize communication networks by delivering unprecedented data speeds, near-zero latency, and seamless integration of advanced technologies such as artificial intelligence (AI), the Internet of Things (IoT), and holographic communication. Standardization will be critical in ensuring that 6G is globally interoperable, secure, and inclusive. This blog explores the key aspects of 6G standardization and its challenges.</p> <h4>An Overview of Standardization</h4> <p>Standardization refers to the process of developing and implementing technical standards, ensuring that products, services, and systems follow a consistent set of guidelines. It plays a crucial role in various industries by promoting efficiency, safety, interoperability, and quality. These standards may pertain to various elements such as design specifications, safety protocols, data formats, or operational procedures.</p> <p>In the telecom industry, standardization holds paramount importance.</p> <p>Indeed, the telecommunications industry is one of the most complex and fast-evolving sectors, requiring a high degree of interoperability between various devices, networks, and services. As explained in more details below, standardization in this industry is fundamental for global connectivity and interoperability, network evolution and technology upgrades, spectrum allocation, network security, and consumer and market benefits.</p> <p>Global Connectivity and Interoperability: In telecom, the ability to communicate across regions is essential. Telecommunication networks connect billions of devices, from smartphones to computers to Internet of Things (IoT) devices, and they must work together, often across different nations and continents. Without standardization, devices would require custom settings to communicate across networks in different regions. Global standards ensure that devices can connect to networks across different countries and provide consistent service to users.</p> <p>Network Evolution and Technology Upgrades: The telecom industry is continuously evolving, with regular upgrades in network technology. Each new generation of network technology requires massive infrastructural changes, and without standardization, these transitions would be chaotic and expensive. Standards help guide these transitions by establishing protocols for network evolution, ensuring backward compatibility, and making the implementation of new technologies smoother.</p> <p>Spectrum Allocation: In the telecom industry, radio frequency spectrum is a finite resource, and its efficient use is critical for maintaining reliable service. Standardization plays a significant role in spectrum allocation, ensuring that different telecommunications services—such as mobile, satellite, or broadcast—operate without interference. By setting standards for how different parts of the spectrum are used, industry regulators can ensure that network services are reliable and don’t interfere with one another. For example, cellular networks operate within designated frequency bands that are standardized across regions, ensuring that mobile networks don’t interfere with TV broadcasts, satellite communications, or emergency services.</p> <p>Network Security: As telecommunication networks become more complex and essential to daily life, security is a growing concern. Standardization plays a vital role in setting security protocols to protect networks from cyberattacks, data breaches, and other security threats. Telecom standard setting organizations such as the European Telecommunications Standards Institute (ETSI) and the International Telecom Union develop security frameworks that ensure that devices, networks, and services follow stringent security protocols. These standards help telecom operators secure their infrastructure and ensure the privacy of users’ data.</p> <p>Consumer and Market Benefits: From the consumer’s perspective, standardization provides assurance that devices and services will work as expected, regardless of the manufacturer or service provider. This opens up markets and prevents monopolies by allowing consumers to switch providers or upgrade devices without being locked into proprietary systems. In the market, standardization promotes competition by creating a level playing field where companies can compete based on innovation, service quality, and cost rather than proprietary technology.</p> <h4>Key Objectives and Features of 6G</h4> <p>The vision for 6G is to create a network that transcends current capabilities and enables ubiquitous connectivity for people, machines, and systems. </p> <p>The key features of 6G include:</p> <ul style="margin-left:40px"> <li><strong>Ubiquitous Connectivity:</strong> 6G will provide seamless connectivity across different environments, including urban, rural, and remote areas, ensuring that no one is left behind in the digital age.</li> <li><strong>AI-Driven Networks:</strong> AI will play a central role in optimizing network performance, enabling self-learning and self-organizing networks that can adapt to changing conditions in real-time.</li> <li><strong>Extreme Low Latency and Ultra-Fast Speeds:</strong> 6G networks will offer data speed up to 100 times faster than 5G, with latency reduced to microseconds, enabling real-time applications such as immersive augmented reality (AR) and autonomous driving.</li> <li><strong>High-Energy Efficiency and Sustainability:</strong> 6G will prioritize energy-efficient technologies, reducing the environmental impact of wireless networks while supporting green initiatives.</li> <li><strong>Holographic Communications and Extended Reality:</strong> 6G will enable new forms of communication, such as holographic telepresence and immersive virtual environments, enhancing remote interaction and collaboration between people.</li> <li><strong>Integration of Terrestrial and Satellite Networks:</strong> 6G will integrate satellite communication with terrestrial networks, providing global coverage and connectivity in even the most remote regions.</li> </ul> <p>These objectives are ambitious and underscore the importance of developing a comprehensive and standardized framework that can support the diverse use cases and applications envisioned for 6G.</p> <h4>Organizations leading the change</h4> <p>Several major industry and regulatory bodies are involved in shaping the future of 6G, such as 3GPP, and the International Telecommunication Union (ITU).</p> <p>3GPP is a partnership project uniting seven telecommunications standard development organizations (ARIB, ATIS, CCSA, ETSI, TSDSI, TTA, TTC), known as “Organizational Partners” to develop standard specifications. 3GPP specifications cover cellular telecommunications technologies, including radio access, core network, and service capabilities. The 3GPP specifications also provide hooks for non-radio access to the core network, and for interworking with non-3GPP networks.</p> <p>3GPP publishes standard technical specifications. Each functional set is assigned a release number. 3GPP consists of two major groups: the Technical Standardization Group (TSG), in which companies and other organizations directly participate in creating technical specifications, and the Project Coordination Group (PCG) in which Organizational Partners participate to determine the overall timeline and manage progress.</p> <p>3GPP standard technical specifications become international standards when the International Telecommunication Union approves them as recommendations. The International Telecommunication Union establishes the standards for categorizing systems as International Mobile Telecommunications (IMT) technologies. Achieving IMT classification is crucial, as it grants access to a broad spectrum of frequency bands that are globally or regionally recognized for IMT use.</p> <p>3GPP Release 15, completed in 2018, defined 5G, while Release-16 and Release-17 expand the scope of functionality and improve the performance of 5G. 3GPP Release-18 started in 2022 and “5G-Advanced” is targeted for commercial service in the late 2020s. This release will serve as a stepping stone toward 6G. For its part, the ITU has already set the framework for 6G, known as IMT-2030, which includes performance and usage requirements.</p> <p>The International Telecommunication Union and 3GPP are central to the standardization process by ensuring a global consensus on the technological standards that will define 6G.</p> <p>It should also be mentioned that the European Hexa-X project and North America’s Next G Alliance are also involved in the research and development of 6G technology.</p> <h4>Timeline and Phases of 6G Standardization</h4> <p>The standardization of 6G is expected to follow a structured and long-term process like the previous generations of mobile networks.</p> <p>According to 3GPP’s work plan, the development of 6G specifications began with the initiation of Release 19 in 2024. The first specifications related to 6G are expected to be completed by 2028 in Release 21, and the first commercial deployments of 6G are projected for around 2030.</p> <p>3GPP’s work on 6G can be broken down into several key phases:</p> <ul style="margin-left:40px"> <li><strong>2024-2026:</strong> Use Case and Requirement Studies: This phase is primarily focused on gathering inputs from industry stakeholders to define the potential use cases for 6G. These use cases will guide the technical specifications that follow. 3GPP will also work closely with the International Telecommunication Union to align its work with the global IMT-2030 framework.</li> <li><strong>2026-2028:</strong> Technical Studies and Feasibility Analysis: Once the use cases and requirements are established, 3GPP will engage in extensive technical studies to evaluate the feasibility of proposed solutions. This will involve simulations, laboratory tests, and trials to validate the technologies that will form the backbone of 6G.</li> <li><strong>2028-2030:</strong> Standard Development and Finalization: The final phase involves the creation of detailed technical standards, which will be released as part of Release 21. These standards will serve as the blueprint for telecom operators and manufacturers to build interoperable 6G systems.</li> </ul> <p>This timeline is aligned with the International Telecommunications Union timeline. Between 2024 and 2026, the ITU will work on defining the technical performance standards and the associated evaluation methodologies for IMT-2030. These requirements will include both functional expectations (such as supporting specific capabilities) and quantitative metrics (like achieving a particular spectral efficiency, latency, or positioning precision under specific conditions). Once the requirements are finalized, the submission phase for IMT-2030 technologies will commence in 2027 and continue until early 2029.</p> <p>In parallel, 3GPP is expected to submit self-assessments of 6G to the ITU, with a deadline at the end of 2028. The final decision by the ITU on whether to officially designate a technology as IMT-2030 is then expected by 2030. Following this, updates to the submission may be made in early 2030 to reflect the most recent specification versions, enabling the commercial deployment of 6G in 2030.</p> <h4>Challenges in 6G Standardization</h4> <p>Standardizing 6G presents several challenges due to its complexity. Some key challenges include:</p> <ul style="margin-left:40px"> <li><strong>Global Coordination:</strong> The standardization of 6G will require collaboration between various international bodies, including the ITU, 3GPP, and regional organizations. Harmonizing efforts across different countries and regions will be essential to ensure the global adoption of 6G standards.</li> <li><strong>Fragmented Spectrum Allocation:</strong> Allocating spectrum for 6G is a major challenge, particularly as the demand for high-frequency bands such as millimeter-wave (mmWave) and terahertz (THz) bands increases. Ensuring efficient spectrum management will be critical to avoiding interference and ensuring network performance.</li> <li><strong>Security and Privacy Concerns:</strong> As 6G networks become more interconnected and reliant on AI, new security risks will emerge. Addressing these concerns through robust encryption, authentication, and data protection standards will be crucial to maintaining trust in 6G networks.</li> <li><strong>Technological Gaps:</strong> 6G will require the development of new technologies, including advanced hardware, software, and protocols. Overcoming these technological gaps will necessitate significant investment in research and development.</li> </ul> <h4>Conclusion</h4> <p>The path toward 6G standardization is complex and multifaceted, involving a wide range of stakeholders, from industry leaders to government regulators. While significant progress has already been made, particularly with the release of early frameworks and the initiation of global research efforts, there is still much work to be done. </p> <p>Over the next few years, organizations like 3GPP and ITU will continue to drive the process, with the first commercial 6G deployments expected around 2030. In parallel, deploying 6G globally will involve a coordinated effort across multiple sectors, countries, and stakeholders. From research and development to standardization, infrastructure build-out, and policy negotiations, a massive undertaking will unfold over many years. </p> <p>Access to information will be paramount for the implementation and deployment of 6G. Indeed, the numerous stakeholders involved need to understand the technological landscape they evolve in to identify the areas where innovation is required. This will foster competition and collaboration. Stakeholders must also understand the 6G legal landscape and identify the patents declared essential to this new generation. This will help them navigate the complex licensing environment and negotiate Fair Reasonable and Non-Discriminatory -FRAND- agreements. Patent owners must indeed secure licensing revenues while patent implementers need to anticipate the licensing costs of 6G and assess their litigation risks. This is what motivated the creation of FrandAvenue! FrandAvenue is a unique all-in-one platform designed for patent owners and patent implementers to provide them with the information necessary for their licensing negotiations. FrandAvenue also provides them with a secure negotiation space that ensures compliance with their FRAND obligations. FrandAvenue has 4 levels of subscription (including one free membership) and offers a wide variety of services for FRAND novice and expert parties alike. </p> <p>For more information visit <a href="https://www.frandavenue.com/en/home">FrandAvenue</a> or <a href="mailto:contact@frandavenue.com"> contact@frandavenue.com</a></p> </div>

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How can Telecom Providers leverage Generative AI?

<div class="pb-2 pt-1 row"> <div class="col-12"> <div class="container blogmargin text-center w-100"> <h1>How can Telecom Providers leverage Generative AI?</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-9.jpeg" /></p> <div class="blog-content container pb-4 pt-4 text-justify"> <p>In an age where innovation drives progress, the telecommunications sector stands on the brink of a significant transformation. The advent of Generative AI (GenAI) technologies promises to redefine how Telcos operate, manage data, and interact with their customers.</p> <p>GenAI refers to artificial intelligence models that can generate text, images, and even code based on the data they have been trained on. Examples of such technologies include OpenAI's GPT (Generative Pre-trained Transformer) and DALL-E, which are reshaping content creation, customer interaction, and more. For Telcos, the applications are both broad and profound.</p> <p>By leveraging these systems, Telecom Service Providers (TSPs) can improve network management, offer personalized customer services, optimize maintenance processes, and explore new monetization avenues.</p> <p>This newsletter examines how GenAI can reshape the telecom sector's operations and product offerings, highlighting key intellectual property considerations for telecom companies as they navigate this frontier.</p> <h4>1-Operational Efficiency and Network Optimization</h4> <p>GenAI is set to revolutionize network management through predictive maintenance and real-time data analytics. By anticipating network failures and automatically rerouting traffic, these AI systems minimize downtime and improve service reliability.</p> <p>GenAI can also optimize network expansion by analyzing traffic patterns and predicting future demand, ensuring that Telcos invest wisely in infrastructure.</p> <h4>Predictive maintenance with AI</h4> <p>Telecom infrastructure involves thousands of physical assets like base stations, antennas, and network routers, all of which are prone to wear and tear. AI can predict the likelihood of equipment failure by analyzing historical data, weather patterns, and usage rates. By forecasting these failures, TSPs can preemptively service or replace equipment, reducing network downtime and minimizing customer disruption.</p> <p>This shift from reactive to predictive maintenance is a crucial competitive advantage, especially for large-scale telecom operators that manage networks over vast geographic regions. GenAI's ability to model complex system behaviors allows it to make more accurate predictions, reducing maintenance costs and extending the lifespan of network components.</p> <h4>AI-Driven Network Optimization</h4> <p>GenAI can autonomously design more efficient network routing paths, helping telecom providers optimize bandwidth allocation and reduce latency in real-time. For instance, AI models can predict traffic surges based on past trends and automatically configure network parameters to ensure seamless service delivery. By continuously learning from traffic patterns, AI systems can also recommend infrastructure improvements, such as deploying new cell towers or adjusting antenna configurations to improve coverage.</p> <p>This not only boosts operational efficiency but also ensures better resource utilization and lower operational costs. AI-powered network design can also introduce new, optimized network architectures that TSPs may not have considered otherwise.</p> <h4>Case Study: AI-driven Network Expansion</h4> <p>Several telecom companies are significantly advanced in using generative AI to transform various aspects of their operations. These leaders include AT&T, British Telecom (BT), T-Mobile, Deutsche Telekom, and Orange, among others. Here's how they are leveraging GenAI:</p> <ul style="margin-left:40px"> <li><strong>AT&T:</strong> AT&T has integrated OpenAI’s ChatGPT into its operations with the "Ask AT&T" tool, which assists over 68,000 employees in customer support, network data analysis, and even security patching. The tool has streamlined network management and customer interaction, reducing operational bottlenecks and improving efficiency.</li> <li><strong>British Telecom (BT):</strong> BT has implemented Amazon's CodeWhisperer to revolutionize its software engineering processes, significantly enhancing developer productivity. The tool generates real-time code suggestions and automates repetitive tasks, helping BT speed up its development cycles while maintaining high accuracy.</li> <li><strong>T-Mobile:</strong> T-Mobile has deployed the GURU chatbot, which optimizes Radio Access Network (RAN) operations. It provides real-time operational insights and helps engineers reduce network outages, resulting in improved operational efficiency by 30%.</li> <li><strong>Deutsche Telekom:</strong> The company is using AI to enhance business efficiency through its Business GPT tool. This AI solution automates repetitive tasks, analyzes data, and supports content creation, allowing Deutsche Telekom to focus more on strategic initiatives.</li> <li><strong>Orange:</strong> Orange, in collaboration with Google Cloud, has implemented AI to balance innovation and regulatory compliance. It uses AI to optimize network planning and customer service, creating a robust framework for delivering AI-based services while adhering to data security requirements. <br> In Asia, key players have been early adopters of GenAI as part of their broader digital transformation strategies. Telecom operators in the region, such as NTT Docomo (Japan), SK Telecom (South Korea), and Singtel (Singapore), have been integrating AI, including GenAI, into their operations to improve customer service, optimize networks, and develop new business models.</li> <li><strong>SK Telecom (South Korea):</strong> One of the most advanced in AI adoption, SK Telecom has been integrating AI across various aspects of its network and services. The company launched its own AI platform, "A." It is used for enhancing customer interactions through AI-driven call centers and chatbots and for optimizing network operations.</li> <li><strong>NTT Docomo (Japan):</strong> NTT Docomo has invested significantly in AI research and has been a leader in leveraging AI for network optimization, customer service, and predictive analytics. They are working to develop advanced AI solutions to enhance their 5G offerings and beyond.</li> <li><strong>Singtel (Singapore):</strong> Singtel has been using AI to optimize its network infrastructure and improve customer experience through personalized services. The company is also exploring AI-driven innovations in cybersecurity and network management.</li> </ul> <h4>2-Personalized Customer Experience and Engagement</h4> <h4>AI-Powered Virtual Assistants</h4> <p>One of the most immediate impacts of GenAI in telecommunications is the enhancement of customer experiences. AI-driven chatbots can now handle complex customer queries and offer personalized service recommendations, reducing wait times and improving customer satisfaction.</p> <h4>Dynamic Pricing and Personalized Offers</h4> <p>GenAI can tailor promotions and services to individual preferences, analyzed from vast datasets of customer behavior. By analyzing factors like usage patterns, location, and customer preferences, AI systems can autonomously generate tailored service packages. This helps TSPs increase revenue by delivering personalized upsell opportunities that resonate more with individual customers.</p> <p>For example, a customer who consistently runs out of data may be offered a special data plan upgrade, while a user who travels frequently may be shown international roaming packages. This level of personalization not only boosts customer satisfaction but also maximizes the average revenue per user.</p> <h4>3-Generative AI and New Product & Services Offerings</h4> <p>GenAI is well-known for its ability to create content such as text, audio, images, and even video. Telecom operators can leverage this capability to offer new services, such as AI-generated entertainment content or personalized media recommendations. TSPs with streaming services or media partnerships can use generative AI to offer customers tailored content recommendations or even AI-generated news and entertainment programs.</p> <p>This could extend into personalized advertising as well, where AI systems generate dynamic ads based on the preferences and interests of individual users, improving the relevance and engagement of marketing campaigns, driving sales and customer loyalty.</p> <h4>5G and IoT-Driven Smart Services</h4> <p>With <a href="https://www.frandavenue.com/page/sep-and-the-new-challenges-of-5g">the deployment of 5G</a> and the growth of IoT, telecom operators are in a unique position to offer AI-powered smart services to both consumers and businesses. GenAI can autonomously manage IoT devices, optimizing their performance based on data from connected devices. Telecom providers can offer managed IoT services for smart homes, smart cities, and industrial IoT, leveraging AI to ensure these systems operate efficiently and reliably. <h4>4-Fraud Detection and Network Security</h4> <p>Security is a paramount concern for TSPs, given the sensitivity of the data they handle. Generative AI enhances security protocols by identifying and reacting to threats in real-time. Advanced AI algorithms can learn from past incidents to predict and prevent future breaches, thereby safeguarding user data and maintaining trust.</p> <p>By identifying potential fraud before it impacts users, TSPs can significantly reduce financial losses and protect their reputations. In addition, generative AI can simulate potential attack vectors, enabling telecom operators to test their defenses and improve their security protocols proactively.</p> <p>AI-powered cybersecurity solutions can also enhance network security by analyzing network traffic patterns and identifying anomalies that may indicate cyberattacks. Generative AI can simulate various attack scenarios, helping operators test their security systems and make necessary adjustments to prevent breaches.</p> <h4>5. Generative AI and Intellectual Property</h4> <p>While GenAI offers transformative capabilities, it also presents unique challenges for intellectual property (IP) professionals in the telecom industry. As telecom operators adopt AI-driven technologies, they must carefully navigate the legal and IP landscape.</p> <p>GenAI systems rely heavily on vast amounts of data to function effectively. Telecom operators must ensure that they have the right to use customer and network data for AI training purposes, especially as data privacy regulations become more stringent. The ownership of data sets and the AI models trained on them must be carefully managed to avoid legal disputes over data rights.</p> <h4>Generative AI and Standard Essential Patents</h4> <p>As telecom service providers look to enhance their offerings and optimize operations, this raises intriguing questions about how GenAI might interact with Standard Essential Patents.</p> <h4>What Are Standard Essential Patents in Telecom?</h4> <p><a href="https://www.frandavenue.com/page/sep-and-the-new-challenges-of-5g">Standard Essential Patents (SEPs)</a> cover technologies that are vital to complying with industry standards. In telecom, these patents are central to ensuring interoperability and functionality across networks and devices. Technologies related to 4G, 5G, Wi-Fi, and other telecommunications protocols rely on SEPs for seamless operation. By being "essential," these patents are indispensable for any company wishing to offer services or products that adhere to global telecom standards.</p> <p>Telecom service providers, from mobile network operators to infrastructure providers, are deeply integrated into this ecosystem. They depend on SEP-licensed technologies to deploy network standards and provide consumers with reliable, high-speed communication services.</p> <h4>Does Generative AI Intersect with SEPs?</h4> <p>Though GenAI does not directly implement SEPs, it can certainly influence technologies that do. For example, AI-driven systems can assist in designing network protocols or optimizing hardware configurations that need to implement <a href="https://www.frandavenue.com/page/all-eyes-on-the-6g">6G</a> or Wi-Fi standards, governed by SEPs. Similarly, when GenAI designs network infrastructure or contributes to telecom software, telecom providers need to verify that SEPs are licensed under Fair, Reasonable, And Non-Discriminatory <a href="https://www.frandavenue.com/page/the-frand-royalty-base">(FRAND)</a> terms.</p> <p>Therefore, telecom service providers that use AI tools may find themselves indirectly interacting with SEPs when their AI-driven outputs align with essential technologies. One of the challenges telecom companies face is thus determining whether AI-developed solutions implement SEPs and if so, which ones, and how to comply with FRAND principles. This involves navigating complex SEP data and licensing landscapes.</p> <p>This is where <strong>FrandAvenue</strong> can help! Indeed, the platform is designed to support patent licensing teams and facilitate complex negotiations.<strong>FrandAvenue<strong>provides access to an extensive SEP database, FRAND compliance monitoring tools, SEP claim charts and an essentiality grading tool, as well as a negotiation and dispute support platform. These unique functionalities are specifically designed to be useful to licensing professionals who face challenges related to FRAND compliance, transparency, and efficient data handling.</p> <h4>Conclusion</h4> <p>The potential of Generative AI to transform the telecommunications industry is immense. From enhnacing customer service to optimizing network operations and ensuring security, the benefits are clear. However, TSPs must also navigate the complex intellectual property landscape, ensuring that they protect and manage the innovations that AI systems generate.</p> <p>As the telecom industry continues to elvove, those operators that successfully integrate GenAi into their business models will only enhance operational efficiency but also unlock new revenue streams and service offerings that keep them ahead in an increasingly competitive market.</p> <p>For more information visit <a href="https://www.frandavenue.com/en/home">FrandAvenue</a> or <a href="mailto:contact@frandavenue.com"> contact@frandavenue.com</a></p> </div>

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All Eyes on the 6G era: what, where, and when?

<div> <div class="pb-2 pt-2 row"> <div class="col-12"> <div class="blogmargin container text-center w-100"> <h1>All Eyes on the 6G era: what, where, and when?</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog--list-7.jpeg"></p> <div class="blog-content container pb-4 pt-4 text-justify"> <p>We are in the middle of a major 5G push with <a href="//www.gsma.com/about-us/regions/asia-pacific/wp-content/uploads/2024/01/APAC5GIC-202401-v2.pdf">connections worldwide surpassing 1.5 billion at the end of 2023</a>.</p> <p>Indeed, 5G is significantly faster than 4G LTE networks and has reduced latency, increased capacity, and bandwidth. This has meant that the transferring of a high-resolution movie can be done in a few seconds, that virtual and augmented reality applications such as Pokemon Go have become popular, and that smart cities with traffic lights changing their patterns based on traffic flows are now a reality. Its unparalleled speed (10 times faster than 4G) has also created a boom in the IoT landscape with the <a href="//www.ericsson.com/en/reports-and-papers/mobility-report/dataforecasts/iot-connections-outlook">total number of cellular IoT connections reaching around 3 billion at the end of 2023</a>.</p> <p>And yet 6G is already on its way.</p> <h3>So, what will be different with 6G?</h3> <p>There are key differences between the 5G and 6G networks in their capabilities, objectives, and the technologies they employ.</p> <p>First, the 6G network will be up to 10 times faster than its 5G counterpart. <a href="//www.ericsson.com/en/6g">This includes the capability to provide several hundred gigabits per second (Gbps) and end-to-end sub-millisecond (ms) latency. In comparison, 5G has demonstrated “peak downlink speeds as high as 4 Gbps and latency as low as 1ms”. These results will be achieved thanks to the reuse of 5G mid-bands as well as new spectrum bands in the sub-terahertz (sub-THz) and centimetre wave (cmWave) range.</a>.</p> <p>6G will also provide significantly <a href="//www.ericsson.com/en/6g"> “improved adaptability and programmability, simplified architecture design, and improved energy performance”</a>.</p> <p>Regarding network capacity, while 5G has a capacity of up to 1 million devices per square kilometre, 6G is expected to support more connected devices, including a massive number of Internet of Things devices. 6G will also go hand in hand with<a href="//www.technologyreview.com/2023/10/26/1082028/ai-powered-6g-networks-will-reshape-digital-interactions/"> Artificial Intelligence</a> and <a href="//www.sciencedirect.com/science/article/pii/S1877050923000133"> Machine Learning</a>, integrating both in network optimization and management as well as self-driving, and intelligent network operations. It will also allow new technologies such as <a href="//ieeexplore.ieee.org/document/9387701"> Intelligent Reflecting Surface</a>, <a href="//www.insidequantumtechnology.com/news-archive/quantum-particulars-guest-column-quantum-technology-as-key-enabler-for-6g-wireless-communication/">quantum communication</a>, advanced network coding, or <a href="//ieeexplore.ieee.org/document/9376324">Integrated Sensing and Communication</a>.</p> <h3>But where and when will 6G be deployed?</h3> <p>6G deployment should be faster than 5G, with the first deployment in the 2030s.</p> <p>In Asia, China's 14th Five-Year Plan (2021-2025) is aiming at strengthening research on new 6G network infrastructure as well as clarifying its technology requirements.<a href="//www.europarl.europa.eu/RegData/etudes/BRIE/2024/757633/EPRS_BRI(2024)757633_EN.pdf"> In the recently published</a> 'Three-Year Action Plan for the Industrial Innovation and Development of the Metaverse (2023-2025)', 6G is mentioned as one of the key technologies needed for the creation of a <a href="//www.gov.cn/zhengce/zhengceku/202309/content_6903023.htm">Chinese metaverse.</a></p> <p>Meanwhile, in South Korea, the Ministry of Science and ICT announced in February 2023 its K-Network 2030 strategy. Under this plan, the ministry will invest KRW 625.3 billion (around €440 million) in R&D projects and South Korea will host the <a href ="//amargoussustaub-my.sharepoint.com/_forms/default.aspx">'Pre-6G Vision Fest' in 2026</a>.</p> <p>In June 2020, Japan issued its roadmap to 6G. The 'Beyond 5G Promotion Strategy' provides funding for 6G research through three programs for a total budget of US$555 million (around €520 million). The Beyond 5G Promotion Consortium brings together representatives of Japanese industries and academic institutions to carry out research and development initiatives as well as advocate for 6G.<a href="//mediawireexpress.co.tz/japan-unveils-worlds-first-6g-device-20x-faster-than-5g/"> On April 11th, 2024, Japan launched its prototype 6G processor</a>. This milestone was the result of the joint efforts by <a href="//www.news18.com/tech/japans-6g-device-heats-up-global-race-coai-backs-indias-vision-to-bridge-generation-gap-8881827.html">Japan's leading telecoms NTT DOCOMO, NEC Corporation, and Fujitsu</a>.</p> <p>In March 2023, India released its 'Bharat 6G Vision'. The proposal aims to “design, develop and deploy 6G network technologies that provide ubiquitous, intelligent and secure connectivity for high-quality living experience for the world”. According to the proposal, a total pool of INR10 000 crore (€1.1 billion – raised through instruments such as loans, grants, and venture capital funds) is expected to be invested over the next 10 years in R&D projects developing <a href="//www.europarl.europa.eu/RegData/etudes/BRIE/2024/757633/EPRS_BRI(2024)757633_EN.pdf">India's 6G ecosystem</a>.</p> <p>In Europe, the EU funds the<a href="//hexa-x.eu/consortium/">Hexa-X</a> project, a consortium composed of 25 organizations from 9 countries: Finland, Sweden, Germany, France, Italy, Spain, Greece, Turkey, and Hungary. Nokia and Ericsson lead the project. Siemens, Atos Spain, and Intel Deutschland bring in capabilities on AI, network orchestration, and special purpose solutions. Academic and research organizations provide the necessary scientific skills and research in B5G/6G topics, while SMEs provide skills in orchestration, AI, and channel modelling. This project focuses <a href="//www.ericsson.com/en/blog/2023/10/hexa-x-and-data-protection-evolution-in-6g">“on exploratory research for the next-generation mobile networks with the intention to connect human, physical, and digital worlds with a fabric of technology enablers.”</a></p> <p>The consortium has 4 objectives:</p> <p>Objective 1 aims at developing the 6G fabric and Key Value Items “for a vision of connecting intelligence, sustainability, trustworthiness, inclusion and extreme experience”. Objective 2 will deliver “extreme performance by developing and assessing key radio technology components for the next generation, through higher bands and localisation/sensing”. Objective 3 will “deliver methodology, algorithms, and architectural requirements for an AI-native network, through AI-driven air interface and AI governance”. Objective 4 will “deliver enablers for an intelligent network of networks, through network disaggregation and dynamic dependability”. For more details on each objective see <a href="//hexa-x.eu/objectives/">here</a>.</p> <p>On the other side of the Atlantic Ocean, <a href="//www.whitehouse.gov/briefing-room/statements-releases/2024/02/26/joint-statement-endorsing-principles-for-6g-secure-open-and-resilient-by-design/">in February 2024</a>, the US and several of its international partners endorsed shared principles for developing 6G declaring their intention to adopt relevant policies in the US, and “encourage the adoption of such policies in third countries, and advance research and development and standardization of 6G networks. As explained by the French government, one of the signatories, “(…) <a href ="//www.entreprises.gouv.fr/fr/presse/espace-presse/6g-la-france-et-partenaires-internationaux-s-accordent-sur-des-principes-communs-pour-developpement">this declaration commits signatory countries to adopt policies and a framework for connectivity for the networks of the future that is open, free, global, interoperable, reliable, resilient and secure for a more inclusive, sustainable, secure and peaceful future. The development of future networks and 6G will make it possible to respond to the challenges linked to the evolution of digital uses such as the massive use of artificial intelligence (AI) which requires the processing of ever-increasing volumes of data, or the development of critical applications, particularly in industry or health which require ever lower latency times. On both sides, States and economic players are preparing for the deployment of the networks of the future. To guarantee a secure, innovative, and resilient network, it is essential to establish an international 6G standardization framework”.</a></p> <p>Finally, in May 2023, Brazil announced an investment of BRL60 million (€11.4 million) in the competence centre responsible for the development of 5G and 6G <a href="//www.europarl.europa.eu/RegData/etudes/BRIE/2024/757633/EPRS_BRI(2024)757633_EN.pdf">(INATEL).</a></p> <h3>And what about the impact of 6G on companies?</h3> <p>6G will revolutionize the wireless communication landscape. Its speed, bandwidth, capacity, and latency will significantly impact industries and individuals. Indeed, 6G will allow for instantaneous communications between devices. This means that 6G will transform the way companies process information, communicate, and make decisions.</p> <p>One professional environment that will benefit from 6G is the Metaverse. The 3-D-enabled digital space uses virtual and augmented reality, for people to have lifelike personal and business experiences online. It will greatly benefit from 6G improvements in bandwidth utilization, data delivery, and application enablement. Indeed, the data and volume required for the metaverse applications present a significant challenge in data acquisition, security, and sharing, which can only be addressed with 6G.</p> <p>These improvements are especially important as <a href ="//metavers-tribune.com/le-marche-des-metavers-dune-valeur-de-900-milliards-de-dollars-nexistera-pas-en-tant-que-plateforme-unique/">the metaverse is expected to be worth $900 billion by 2030.</a> This is because the Metaverse will allow for bigger online meetings, 3D avatars, and better visualization of body language. Companies will also be able to offer new experiences to their employees, such as faster training programs, visiting prospects in their virtual world or facilitated remote work.</p> <p>However, companies will have to significantly adapt their strategies and in particular their digital marketing and customer experience strategies. This is shown by the <a href="//www.gucci.com/fr/fr/st/stories/article/gucci-gaming-roblox">Gucci Garden Experience</a> on the Roblox metaverse, which was visited in 2021 by more than 20 million visitors in two weeks. This led the luxury brand to open “The Gucci Town”, a virtual town where customers had the opportunity to dress their avatars in Gucci <a href ="//www.lesechos.fr/partenaires/ey-parthenon/metavers-quelles-opportunites-pour-les-entreprises-1851718">clothes and which was visited by 54 million players daily</a>.</p> <p>The impact of 6G on companies will also be significant in the manufacturing industry with companies having access to software predicting clients’ needs based on past orders, as well as in the healthcare industry that will be able to switch from a reactive to a predictive approach, with smart sensors collecting data, analysing information, making recommendations, and predicting health issues before they arise.</p> <p>6G will thus have a very broad impact on companies and their employees, and although its deployment is not taking place before a few years, it is important to already understand its strengths and potential for change. Indeed, it is likely that the closer we will get to the deployment of 6G, the more innovative uses and challenges will be revealed.</p> </div> </div>

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What are patent pools and how can they benefit from FrandAvenue?

<div class="pb-2 pt-2 row"> <div class="col-12"> <div class="blogmargin container text-center w-100"> <h1>What are patent pools and how can they benefit from FrandAvenue?</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-6.jpeg" /></p> <div class="blog-content container pb-4 pt-4 text-justify"> <h3>Introduction</h3> <p>In today's fast-paced technology landscape, companies constantly seek ways to innovate and stay ahead of the competition. One approach that has gained popularity is patent pooling. While this approach can provide significant benefits, it raises important questions about competition and intellectual property rights. This article explores the place of patent pools in the Standard Essential Patents (SEPs) environment and what tools FrandAvenue has developed to respond to the challenges faced by FRAND market players. </p> <h3>What is a patent pool?</h3> <p>A patent pool is “an agreement between two or more patent owners to license one or more of their patents to each other or third parties1”. As explained by WIPO, “patent rights are aggregated amongst multiple patent holders. Then, the pooled patents are made available to member and non-member licensees and typically the pool allocates a portion of the licensing fees it collects to each member in proportion to each patent's value.2”</p> <p>Patent pools are commonly used in industries with complex and interdependent technologies, such as telecommunications, semiconductors, and computer software. By pooling their patents, companies can simplify the licensing process for third parties and foster innovation by allowing companies to build on each other's patented technologies without fear of litigation. Patent pools are specially adapted to Standard Essential Patents. Typically, a standardization patent pool enables participating patentees to use the pooled patents, provides a standard license in respect of the pooled patents for licensees who are not members of the pool, and allocates to each member of the pool a portion of the licensing fees per the agreement.</p> <p>There are a few examples of SEP patent pools such as Via Licensing, which includes patents from over 20 companies, and Sisvel, which includes patents from over 50 companies.</p> <h3>What are the criticisms faced by patent pools?</h3> <p>Several criticisms have been raised regarding patent pools ranging from concerns about antitrust violations to issues related to licensing fees and the potential negative impact on innovation.</p> <p>On the one hand, critics argue that when multiple patent holders come together to pool their patents, they may create entry barriers for other companies wanting to enter the market. Leading in turn to reduced competition, higher prices, and a stifling of innovation. Conversely, it has been argued that patent pools can hinder innovation by creating a disincentive for firms to invest in research and development. This is because patent pools can lead to a situation where companies can benefit more from licensing patents than investing in new technologies.</p> <p><a href="//www.wipo.int/export/sites/www/competition-policy/en/docs/patent_pools_report.pdf">WIPO</a> (29/01/2024)</p> <p>On the other hand, some argue that the licensing fees charged by patent pools can be too high thus limiting access to technologies.</p> <h3>How do companies benefit from patent pools -according to the pools?</h3> <p>Patent pools can offer several benefits to companies, and especially regarding SEPs.</p> <p>First, patent pools can reduce transaction costs and simplify the licensing process for SEPs. Indeed, it can be challenging for potential licensees to negotiate with each patent holder individually. By pooling their patents, patent holders thus offer a one-stop shop for licensing essential technology, making it easier for licensees.</p> <p>Second, patent pools can provide a framework for resolving disputes between licensors and licensees. Because SEPs are essential for implementing a particular standard, disputes between patent holders and licensees can be especially challenging to resolve. Patent pools can establish guidelines for licensing and dispute resolution, providing a mechanism for resolving conflicts in a timely and efficient manner.</p> <p>Third, patent pools can facilitate innovation by promoting the exchange of technology. By pooling their patents, companies can share knowledge and resources, which can lead to new innovations and improvements in technology. Additionally, by establishing licensing terms and conditions, patent pools can create a stable and predictable environment for innovation, encouraging companies to invest in research and development.</p> <h3>How can patent pools benefit from FrandAvenue?</h3> <p>FrandAvenue can support patent pools with its five toolboxes and services and facilitate the licensing and management of patents and portfolios within the pool.</p> <p>Here is a detailed explanation:</p> <p><b>Dataset search:</b> FrandAvenue gives free access to a database of more than 628,760 SEPs from 7 Standards Setting Organizations (ETSI, ANSI, IEC, IEEE, ISO, ITU, QI) with 17 advanced filters and Insights graphs to analyze and compare SEP data. With a user-friendly interface, licensing experts and SMEs alike can easily find the information they need.</p> <p><b>Marketplace:</b> FrandAvenue members have access to ready-to-buy claim charts meeting the highest industry standards and drafted by independent patent professionals. Members have access to a unique essentiality rating tool that allows them to review the claim charts bought on FrandAvenue and compare them with their findings, in all confidentiality. FrandAvenue marketplace is a key tool to quickly assess the essentiality of the SEPs that members consider licensing-in or licensing-out.</p> <p><b>Management tools:</b> Members can create and manage their profiles, manage their SEP portfolios as well as their licensing (in and out) programs. They can choose to use these management tools for their licensing teams or share this information with other members, to increase their transparency and meet their FRAND obligations.</p> <p><b>Analysis & strategy room:</b> FrandAvenue has developed a fully qualified interactive database of 5G market players that members can use to map out the 5G commercial environment and devise their licensing strategy.</p> <p><b>Compliance & Negotiation Room:</b> On FrandAvenue members can determine and share their negotiation timeline, dispute resolution process and Agreement to Negotiate. This takes just a few clicks and increases predictability and efficiency. Moreover, the FRAND negotiations can be securely initiated on FrandAvenue, speeding up interactions between licensors and licensees, in turn lowering negotiation costs.</p> <p>With 5 toolboxes and more than a dozen of tools, all dedicated to SEPs and FRAND negotiation FrandAvenue thus has all is required to help patent pools in their FRAND licensing efforts.</p> </div>

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Standard Essential Patents and the new challenges of 5G

<div class="pb-2 pt-1 row"> <div class="col-12"> <div class="container mt-4 text-center w-100"> <h1>Standard Essential Patents and the new challenges of 5G:</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-5.jpeg" /></p> <div class="blog-content container pb-4 pt-4 text-justify"> <p>It is early morning; you wake up and reach for your phone. You scroll your emails, check the weather, read the news, and all the while using hundreds of standard essential patents. But what is a standard essential patent? How different is it from other patents? And why has 5G made these questions even more relevant?</p> <p>Let’s dive in! It will only take a few minutes.</p> <h4>What are Standard Essential Patents, Standard-Setting Organisations and Standards?</h4> <p>Standard Essential Patents are patents that have been declared essential to a given standard. This declaration is made by the patent owner to a Standard Setting Organisation such as the ETSI, IEEE, or CEN-CENELEC. These industry groups collaboratively decide on technical agreements, the standards, which allow for global connectivity, generate scale economies lowering costs and making new technologies affordable.</p> <p>Some SSOs have adopted their own definition of SEPs. For instance, for the ETSI<sup>1</sup> a patent should be considered a SEP when “it is not possible for technical reasons (but not for commercial reasons), considering the normal technical practice and the state of the art usually accessible at the time of standardization, to manufacture, sell, rent, dispose otherwise, repair, use, or to operate a product or methods that are in conformity with a norm without infringing this patent.<sup>2</sup>”.</p> <p>For the IEEE<sup>3</sup> Standards Association an essential patent claim is “any Patent Claim the practice of which was necessary to implement either a mandatory or optional portion of a normative clause of the IEEE Standard when, at the time of the IEEE Standard's approval, there was not commercially and technically feasible non-infringing alternative implementation method for such mandatory or optional portion of the normative clause.<sup>4</sup>”</p> <p>The CEN CENELEC<sup>5</sup> similarly defines a SEP as a “patent considered, for the purpose of making a patent declaration to CEN and CENELEC, by the patent holder as 'essential' when, in her/his own judgment, it is not possible on technical grounds, considering the state of the art at the time the standardisation-making process takes place, to make, sell, lease and otherwise dispose an equipment, product or method which comply with a deliverable without infringing her/his IPR on that Patent.<sup>6</sup>”</p> <h4>Standard Essential Patents and dominant market positions:</h4> <p>The essentiality of Standard Essential Patents gives considerable market power to SEP owners. As it is impossible to create compatible and interoperable products without implementing SEPs, implementers must request permission from SEP owners to use the patented technology. Thus, the adoption of a standard puts SEP owners in a dominant bargaining position.</p> <p>Difficulties may then arise out of the dominance of SEP owners. This is especially true in the telecommunication sector, as a standard may incorporate thousands of patented technologies held by as many SEP owners. This means that implementers must obtain licensing agreements for all those SEPs from all the different SEP owners. However, where a licensee must negotiate individual licenses for numerous patents and with numerous parties, it may lead to “royalty stacking”, a situation in which a single product may bear multiple royalty burdens that stack up to unreasonably excessive levels<sup>7</sup>. Given the intense price competition among industry participants in this industry, the high royalty costs may then lead to few implementers being able to survive the market. This may also lead to decreased competition and innovation, higher prices being passed on to consumers, and low consumer demand for standard-compliant products.</p> <p>Therefore, to alleviate patent hold-up and royalty stacking concerns many SSOs, require that SEP owners undertake to license their SEPs on Fair, Reasonable, And Non-Discriminatory (“FRAND”) terms to every company that implements standards. This was explained by Justice Arnold in the case opposing HTC v NOKIA in 2013<sup>8<sup>:</sup></sup></p> <p><span style="font-size:09.rem"><em>“66. The problem of “patent hold up” which has been much studied by economists generally arises either where there is no non-infringement alternative or where the cost of switching to the non-infringement alternative is prohibitive. The paradigm example of the former situation is the standard-essential patent. Because it is essential, there is no alternative for products that comply with the standard. That is why standards-setting organisations like ETSI (the European Telecommunications Standards Institute) require owners of standard-essential patents to undertake to grant licenses on FRAND (fair, reasonable, and non-discriminatory) terms. An example of the latter situation is where a manufacturer has invested a great deal of money in developing and marketing a complex product that infringes a patent, and by the time it discovers this it is too late to switch to a non-infringing alternative except at prohibitive cost.”</em></span></p> <h4>5G and the new challenges for SEPS:</h4> <p>New issues are arising with 5G. In fact, the technology environment is evolving with the fifth-generation technology standard for broadband cellular networks. It fundamentally changes our ability to share information with faster, more consistent data rates, lower latency, and cheaper cost-per-bit. This means that more information can be shared, through more devices and within less time, allowing for wider adoption of 5G by most industries such as automotive, home appliances, manufacturing, energy, and healthcare.</p> <p>Indeed, 5G allows for connected vehicles to share data to prevent accidents, medical professionals to diagnose patients remotely via connected sensors, customers to experience virtual shopping, and factories to control industrial robots. Moreover, with the emergence of parallel digital worlds, such as Facebook’s Metaverse, and artificial intelligence, the digitalization of industries and businesses may accelerate more than we can imagine today.</p> <p>However, 5G also comes with its challenges. It is subject to hundreds of thousands of SEPs that every 5G implementer is required to use to implement the standard. With 5G being integrated into most technology sectors, the number of products using SEPs is thus going to be higher than ever. In turn, this means that the number of companies requiring licensing rights for their products is reaching new highs. Licensors thus face the challenges of identifying multiple companies using their standard essential patents and negotiating licensing terms at an unprecedented scale. On the other hand, licensees will have to determine whose SEPs they use in their products and engage, sometimes for the first time, in FRAND negotiations.</p> <p>Furthermore, the nature of FRAND negotiations themselves brings another challenge for both licensors and licensees. Although the definition of Fair Reasonable and Non-Discriminatory licensing terms has been clarified by courts around the world, their interpretation is still contentious. Besides, while the negotiation of licenses for 4G and 5G is common in the smartphone world, the negotiation of FRAND licenses in industries such as the automotive, home appliances or healthcare sectors is still very new. 5G licensing negotiations will thus at times take place between proficient licensors and neophyte licensees, hence auguring longer and more costly negotiations.</p> <h4>How can FRANDAVENUE help?</h4> <p>It is these challenges, faced by both SEP owners and implementers, which have motivated the creation of FrandAvenue an innovative one-stop platform and marketplace for patent licensing.</p> <p>FrandAvenue was designed to help all market players navigate the complex SEP landscape and prepare for successful FRAND negotiations. It offers 5 toolkits:</p> <ul style="margin-left:40px"> <li>A data set room with the largest open and free SEP database with +575,000 patents, +90,000 implementation analyses, +66,000 SEP families, +2,000 market players, and +9000 technical specifications.</li> <li>Analytics tools to analyse your customized data and map the market.</li> <li>A negotiation room to determine your negotiation terms and interact with the other party.</li> <li>Management tools for your patents, portfolios, and licensing programs.</li> <li>A marketplace for patent analysis documentation.</li> </ul> <h4>FrandAvenue also offers services including:</h4> <ul style="margin-left:40px"> <li>Landscaping of portfolios</li> <li>Claim charts / Evidence of use</li> <li>Implementation analyses</li> <li>Build-up of your prospect list</li> <li>Support in each of your licensing steps</li> <li>FrandAvenue account set up</li> </ul> <p>For more information visit <a href="https://www.frandavenue.com/en/home">FrandAvenue</a> or <a href="mailto:contact@frandavenue.com"> contact@frandavenue.com</a></p> <hr /> <p><small><sup>1</sup>European Telecommunication Standard Institute</small></p> <p><small><sup>2</sup>ETSI Rules of Procedure 29th November 2017 – Annex 6. Article 15.6 “Definitions” </small></p> <p><small><sup>3</sup>Institute of Electrical and Electronics Engineering</small></p> <p><small><sup>4</sup> <a href="https://standards.ieee.org/about/policies/bylaws/sect6-7.html"> IEEE Policies and Procedure </a></small></p> <p><small><sup>5</sup>European Committee for Electrotechnical standardization</small></p> <p><small><sup>6</sup>CEN-CENELEC Guidelines for Implementation of the Common Policy on Patents</small></p> <p><small><sup>7</sup> <a href="https://www.essentialpatentblog.com/tag/royalty-stacking/ "> David Long “Jury awards Core Wireless $7.3 Million lump sum for Apple’s infringement of two SEPs (Core Wireless v. Apple)” accessed 30<sup>th</sup> July 2018</a> </small></p> <p><small><sup>8</sup>Arnold J in HTC Corporation v. Nokia Corporation, Patents Court, Case No. [2013] EWHC 3778 (Pat) at para.66</small></p> </div>

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FRAND Licenses: When patent hold-up and patent hold-out become olden days concepts

<div class="pb-2 pt-1 row"> <div class="col-12"> <div class="blogmargin container text-center w-100"> <h1 style="line-height: 40px !important;">Patent Hold-Up v Patent Hold-Out: How can they be both avoided <br> and how can FrandAvenue help you devise your strategy?</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-4.jpeg" /></p> <div class="blog-content container pb-4 pt-4 text-justify"> <p>Patent hold-up and hold-out, two sides of the same coin? In the world of intellectual property rights, these concepts can create quite the drama as patent holders and potential licensees navigate the complex ground of negotiation and legal threats. From demands for exorbitant licensing fees to refusals to negotiate, the dance between patent hold-up & hold-out is delicate! Let’s dive into the world of patent law and see what makes these concepts so intriguing.</p> <p>The notions of patent hold-up and patent hold-out have long fuelled controversy between supporters of FRAND licensing practices that were supposed to be favourable either to the interests of essential patent holders or to those of implementers.</p> <p>These two phenomena, which some have gone so far as to deny their existence, are often perceived as the two limits between which the players in the FRAND license market compete. Examples of recourse to these two extremes abound, both being favored by a frantic forum shopping.</p> <p>However, market players have the means to effectively counter both the patent hold-up and the patent hold-out. We will limit our comments here to situations arising from a FRAND commitment to ETSI.</p> <p>After briefly recalling the concepts of patent hold-up and patent hold-out, we will examine the solutions available to all market players.</p> <h4>What is a Patent hold up?</h4> <p>The notion of patent hold-up describes the abusive use by patent holders of the power conferred to them by the market..</p> <p>In the case of SEPs, hold-up derives, on the one hand, from the essentiality of patents that protect inventions that must be implemented by any product compatible with a given technical standard, and thus obliges any implementer to take a license. On the other hand, from the fact that, through their investments, implementers are already locked into the standard when FRAND negotiations start. The fact that there is no alternative to the standard to which the patents have been declared essential also strengthens the SEP holders’ position. SEP holders would thus, if the FRAND obligation did not exist or if it were not construed properly, be able to negotiate royalty rates higher than the technology would have been worth if competing with other alternatives. </p> <p>Hold-up has thus important consequences for implementers who may find that they cannot adopt and invest in technologies implementing standards at fair, reasonable, and non-discriminatory conditions. This is the raison d'être of the FRAND undertaking.</p> <p>In recent years, the notion of hold-up has been extended to encompass the abusive use of injunctions. Indeed, although the seeking of injunctions before courts is a legitimate remedy for patent holders, the seeking of an injunction for SEPs may constitute a breach of the FRAND undertaking under applicable law and an abuse of a dominant position if a SEP holder does not comply with its obligations arising out of the FRAND undertaking, on the one hand, and of competition law, on the other hand.</p> <p>Since injunctions may involve a prohibition of the infringing product being sold, seeking SEP-based injunctions against willing licensees risks excluding products altogether from the market. Such threats can thus distort licensing negotiations and lead to licensees accepting anticompetitive licensing terms, which they would otherwise have rejected. Such behavior can be detrimental to innovation and consumers and can result in an abuse of dominant position if the conditions set forth by the Court of Justice of the European Union in Huawei v ZTE<sup>1</sup> are not fulfilled.</p> <p>Several competition authorities have also taken steps to curb SEP licensors’ bargaining power. In all these cases, injunctions were found to be abusive when implementers were truly willing to take a license on FRAND terms. </p> <h4>What is a Patent hold-out? </h4> <p>The broadening of the interpretation of hold-up has, in turn, raised concerns that the balance of interests may have been disturbed to the detriment of the licensors. This gave rise to the concept of "patent hold-out".</p> <p>Indeed, if SEP holders are bound by their FRAND undertaking to concede a licence and thus cannot easily threaten to refuse to grant such a licence, the worst possible outcome for an infringer is to be obligated by a court to pay the same FRAND rate that would have been charged for licensing in the first place. Some implementers may thus engage in “hold out” and deliberately choose not to seek a licence. The licensor will then lose time and money fighting in court for its due, while the licensee will benefit from a royalty grace period.</p> <p>Such behaviour from an implementer can quickly degenerate into abuse and exposes its author to legal remedies sanctioning the violation of its contractual commitments. It also allows the holder of the essential patents to regain its right to prohibit the use of its patents<sup>2</sup>.</p> <h4>Implementing FRAND Obligations: The Key to Resolving Patent Disputes? </h4> <p>The solutions to resolving SEP disputes are within the reach of patent holders and implementers. Indeed, now that the contractual nature of the ETSI FRAND undertaking, under applicable law<sup>3</sup>, is well settled globally<sup>4</sup>, they must draw the consequences of the FRAND undertaking, comply with their respective obligations and use the tools at their disposal. In short, act in good faith<sup>5</sup>, keep evidence of one's actions, and take preventive measures. </p> <h4>How to counter patent hold-ups?</h4> <p>To protect themselves from prohibitory injunctions against their products, implementers must give tangible signs of their desire to quickly reach a patent license agreement. They must therefore take the initiative in discussions when this is reasonably feasible and, failing that, respond quickly to licensing offers. This, therefore, means preparing for these negotiations as far in advance as possible and keeping proof of all the exchanges and all the steps taken. </p> <p>This presupposes an in-depth study of the ETSI database to identify the licensors, the consistency of their patent portfolios, and, where applicable, the terms of their licenses. A review of the alleged essentiality of the declared SEPs and a comparison of the existing portfolios for the technologies at stake is also necessary. </p> <p>All this data is available on <a href="https://www.frandavenue.com/en/">FrandAvenue</a></p> <p>Ideally, implementers must prepare the conditions under which they can consider taking out a license and above all be ready to share them with license providers. Because time will be of the essence, they must be able to display their position, take initiative and not just return the ball limply.</p> <p>Even if implementers believe it is up to their communication module suppliers to negotiate an essential patent license agreement, they still have to be ready to assert their position with their suppliers, before a judge if necessary.</p> <p>Finally, a solution must be provided if they cannot, in good faith, reach an agreement with the licensor. This solution can consist, at the very least, of mediation, but it will be much more robust if they agree in advance to submit their dispute to a court or an arbitration tribunal with the mission of evaluating the licensed portfolio and/or setting the licensing conditions.</p> <p>As an implementer, you may not agree with the licensor on the competent jurisdiction but by displaying a plurality of reasonable choices rather than a single court in your preferred jurisdiction, you will put the odds in your favour! </p> <p>All such tools exist on the <a href="https://www.frandavenue.com/en/">FrandAvenue</a>. <a href="https://www.frandavenue.com/en/">FrandAvenue</a> unique negotiation deck allows market players to set forth their negotiation framework and dispute resolution process, and communicate their licensing terms. On FrandAvenue, implementers have access to all the tools they need from due diligence throughout all the steps of negotiation.</p> <h4>How to prevent and counter patent hold-out?</h4> <p>First, licensors should try to prevent patent hold-outs. <a href="https://www.frandavenue.com/en/">FrandAvenue</a> can help. Indeed, it is designed to support all parties to comply with their obligations and speed up patent licensing negotiations. </p> <p> <a href="https://www.frandavenue.com/en/">FrandAvenue</a>’s unique negotiation deck allows licensors to share, on their terms, their licensing conditions, as well as the technical and economic information of the licensing programs and portfolios at stake. This allows licensors to gain efficiency as well as abide by their obligations, as defined by the CJEU and the FRAND undertaking. <a href="https://www.frandavenue.com/en/">FrandAvenue</a> has also developed a powerful tool that identifies potential licensees and allows licensors to negotiate in no time and at a fraction of the costs they usually spend chasing implementers. Licensors can thus stay ahead of the patent licensing market and develop their upstream licensing approach most efficiently. </p> <p>Licensors should then have a clear strategy in place to counter patent hold-outs. <a href="https://www.frandavenue.com/en/">FrandAvenue</a> can help here too. FrandAvenue negotiation deck allows licensors to display their negotiation framework, i.e., their preferred negotiation steps: e.g., NDA, ATN, due diligence, exchange of technical information on the patent portfolio at stake, discussion on the financial conditions, etc. Each of these key negotiation steps is then matched with deadlines. This sets a clear and enforceable negotiation process. It considerably speeds up negotiations and allows for the accountability of all parties. Indeed, if the other party does not commit to reasonable deadlines or a dispute resolution process in the event of a disagreement, then licensors regain all their freedom to act before the court of their choice. And with the help of their negotiation deck on FrandAvenue, licensors will be able to demonstrate that they have fulfilled their obligations while the other party is an unwilling licensee. </p> <p>Patent hold-up and patent hold-out are thus not yet concepts of the past, but with the right tools, such as FrandAvenue, both implementers and licensors can manage their risks and develop smart licensing policies. </p> <p><a href="https://www.frandavenue.com/en/">FrandAvenue</a> offers 5 toolkits (Dataset room, Analysis room, Negotiation room, Management tools, Marketplace) and more than 15 exclusive tools designed specifically for patent licensing negotiations. For more information about FrandAvenue, its five levels of subscriptions and on-demand services: <a href="https://www.frandavenue.com/en/contact/new">contact@frandavenue.com </a>or<a href="https://www.frandavenue.com/en/"> https://www.frandavenue.com/en/</a></p> <hr> <div class="small"> <p><sup>1</sup>Huawei Technologies v ZTE (C-170/13) EU:C:2015:477; [2015] C.M.L.R. 14</p> <p><sup>2</sup>(case ID: 200.221.250) Philips v. ASUS : the Court of Appeal of the Hague found that Philips had discharged its burden under Huawei v. ZTE and that Asus had failed to demonstrate its willingness to seek a FRAND licence under the Huawei criteria. The court considered that Asus had engaged in a strategy to effectively avoid having to react to Philips’ terms or enter substantial discussions on licensing conditions. Asus had thus not participated constructively to the discussions with Philips and Philips was therefore entitled to seek an injunction.</p> <p><sup>3</sup>ETSI Rules of Procedure, Annex 6, IPR Policy, art. 6.1, art 12 and Appendix A: French law governs the FRAND undertaking</p> <p><sup>4</sup>All major jurisdictions, including USA, China, India, UK, France… with the only exception of Germany, as of 9 May 2022</p> <p><sup>5</sup>In accordance with art. 1112 civ. code</p> </div> </div>

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How to determine the FRAND royalty base?

<div class="pb-2 pt-2 row"> <div class="col-12"> <div class="container mt-4 text-center w-100"> <h1>How to determine the FRAND royalty base?</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-3.jpeg" /></p> <div class="blog-content container pb-4 pt-4 text-justify"> <p>The royalty base is an important factor in the negotiation of a royalty rate. There are two widely accepted methods for the determination of the FRAND royalty base: the Entire Market Value rule (EMV) and the Smallest Saleable Patent-Practicing Unit base (SSPPU).</p> <h3>What is the Entire Market Value royalty determination method?</h3> <p>The Entire Market Value rule apportions the royalty rate according to the market value of the infringing product, infringing and non-infringing features alike, provided that the patent-related feature is the basis for customer demand.</p> <p>Therefore, where the patented feature drives customer demand for the entire product, the entire revenue from the infringing product becomes the appropriate royalty base.</p> <h3>What is the Smallest Saleable Patent-Practicing Unit royalty determination method?</h3> <p>The Smallest Saleable Patent-Practicing Unit is a royalty base which has been apportioned to the smallest saleable patent practicing unit tied to the patent-at-issue. It restricts the economic base from which the royalty is calculated to the smallest unit embodying the claims of the patent. The economic assumption underlying the SSPPU royalty base is that the financial worth of the invention is fully captured by the price of the component that embodies it.</p> <p>The SSPPU doctrine was introduced by the US Federal Circuit Court in Cornell University v Hewlett-Packard Co1, and developed notably in LaserDynamics v Quanta 2and In re Innovatio3.</p> <h3>How come there are different methods to determine the royalty base?</h3> <p>Since the late 90s the mobile telecommunications market has drastically changed. Indeed, while the companies that contributed to the development of the first generations of the standards were also those producing telecommunication equipment, the new players who entered the booming mobile phone market had a different business model. At the same time, large portfolios of SEP were assigned to non-practising entities.</p> <p>This led to a shift in the SEP licensing market and in the royalty determination methods.</p> <h3>What factors can be used in a negotiation about the royalty base?</h3> <p>The scope of the licensed claims is a key element that the parties must take into account when they negotiate a FRAND agreement. The extent to which a given portfolio covers specific use cases depends upon the scope of protection of the inventions claimed by the licensed patents in that portfolio. This is a key negotiation point when discussing the royalty base because the latter very much depends upon what is the claimed in the patent. Some patents are drafted in such a way that the use case is covered, thus potentially allowing an EMV discussion, while others will be limited to a narrower embodiment, for which the SSPPU method may seem more accurate. This is why the parties need to understand how the portfolio at stake ‘reads’ on the standard and at which technical level it is or may be implemented by the licensed products. Check the implementation analysis tools on <a href="http://www.frandavenue.com">www.frandavenue.com</a></p> </div>

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What are the different generations of mobile communications?

<div class="pb-2 pt-2 row"> <div class="col-12"> <div class="container text-center mt-4 w-100"> <h1>What are the different generations of mobile communications?</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-2.jpeg" /></p> <div class="blog-content container pb-4 pt-4 text-justify"> <p>There are five generations of mobile communication systems that have been developed since the 1980s. The term “generation” abbreviated as G in 1G, 2G, 3G and 4G refers to the major innovations in the state of mobile technology and associated services.</p> <p>These innovations include the move from analog to cellular, development of data transmission capability, the integration of Internet protocols associated with convergence to multiple forms of communications media, and the wide array of services that are increasingly available on mobile devices.</p> <div class="pb-0 pt-2 row"> <div class="col-lg-4"><img class="d-block h-100 img-fluid mx-auto" src="/assets/frontend/images/blog-mobile-generations.png" /></div> <div class="col-lg-8"> <h3>2G or Second generation</h3> <p>The most widely known 2G wireless technology is known as GSM. The 2G wireless networks expanded the range of applications to more advanced voice services and provided data and fax transfer as well as a range of other value-added services. 2G systems are not, however, suitable for web browsing and multimedia applications.</p> <h3>3G or Third Generation</h3> <p>Third generation of mobile telecommunication systems, such as UMTS, uses high-speed data transfer and radio terminal technology. These enable multimedia and other dynamic features. The 3G systems found application in wireless voice telephony, mobile Internet access, fixed wireless Internet access, video calls and mobile TV.</p> <h3>4G or Fourth Generation</h3> <p>LTE is a global standard for the fourth generation of mobile broadband. LTE has been developed to offer greater capacity and speed over the mobile network to cater for the enormous growth in mobile data and the number of users. 4G provides, in addition to the usual voice and other services of 3G, mobile broadband Internet access. Potential and current applications include amended mobile web access, IP telephony, gaming services, definition mobile TV, video conferencing, 3D television, cloud computing mobile broadband and other mobile broadband Internet access. Current applications include amended mobile web access, IP telephony, gaming services, high-definition mobile TV, video conferencing, 3D television, and cloud computing.</p> <h3>5G or Fifth Generation</h3> <p>The Fifth generation of mobile telecommunication provides according to the European Commission “virtually ubiquitous, ultra-high bandwidth, “connectivity” not only to individual users but also to connected objects” and “will serve a wide range of applications and sectors including professional uses” (Opinion of the European Committee of the Regions — The review of the telecom package (2017/C 207/15)</p> </div> </div> </div> <div class="pb-4 pt-2 shadow"> <h2>What 5G is about</h2> <img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-mobile-5g.png" /></div>

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How is structured the mobile phone cellular network?

<div class="pb-2 pt-2 row"> <div class="col-12"> <div class="container text-center mt-4 w-100"> <h1>How is structured the mobile phone cellular network?</h1> </div> </div> </div> <p><img class="d-block img-blog img-fluid mx-auto" src="/assets/frontend/images/blog-1.jpeg" /></p> <div class="blog-content container pb-4 pt-4 text-justify"> <p>The cellular or mobile network differs from a communication network in that it uses radio signals as opposed to wires or cables.</p> <p>It broadly consists of the following elements:</p> <div class="pt-2 row"> <div class="col-lg-6"><img class="d-block img-fluid mx-auto" src="/assets/frontend/images/blog-1-types.jpeg" /></div> <div class="col-lg-6"> <h3>Baseband Processor</h3> <p>A Baseband Processor is a device in a network interface, such as a mobile phone or a tablet, which manages all the radio functions.</p> <h3>Cell site</h3> <p>A Cell Site is a cellular telephone site where antennae and electronic communications equipment are placed, usually on a mast, tower or other high place, to create a cell or adjacent cells in a cellular network.</p> <h3>Backhaul</h3> <p>The Backhaul portion of the network comprises the intermediate links between the core network and the small sub-networks.</p> </div> </div> <h3>Radio Network Controller</h3> <p>The Radio Network Controller oversees controlling radio resource and the mobility of the handset. It carries out radio resource management, some of the mobility management functions and is the point where encryption is done before user data is sent to and from the mobile. GSM does not use Radio Network Controllers but Base Station Controllers. Base Station Controllers are network nodes that control the Cell site, manage radio resource, and control the mobility of handset.</p> <h3>Core Network</h3> <p>The Core Network provides paths for the exchange of information between different sub-networks. It handles voice calls and texts. The packet switched network, on the other hand, handles mobile data.</p> <h3>Gateway</h3> <p>The Gateway is an entrance point for one network to another network, a network node equipped for interfacing with another network that uses different protocols.</p> <h3>External Networks</h3> <p>External Networks include the Public Switched Telephone Network, or PSTN, which connects subscribers to the wider telephony network. The Public Land Mobile Network, or PLMN, is a network that is established and operated by an administration or by a recognized operating agency (ROA) for the specific purpose of providing land mobile telecommunications services to the public. The Internet is also an External Network.</p> </div>

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