The Legality of Charging Differential Royalties for F/RAND-Assured Standard Essential Patents: The Perspectives of the U.S. and the EU
Technical standards often implicate patented technologies. This poses a risk of patent hold-up, whereby a standard essential patent (“SEP”) holder opportunistically exploits its market power conferred by standardization and demands excessive and possibly differential royalties from implementers of the standard. Commitments to license on fair, reasonable, and non- discriminatory (“F/RAND”) terms im