Patent Damages & FRAND: Is There a Difference?

November 8, 20211:00pm EST to 2:30pm ESTLive Stream
11FRAND Damages panel

About this Panel

RegisterThose contributing patented technologies to the development of a standard are asked to provide a FRAND assurance, in essence committing to providing access to patents that are or may become essential to the implementation of the standard. This general statement is easy to make, and even easy for all parties on all sides to agree upon, but the issues become extremely difficult once real world negotiation begins to take place. Even more difficult over the last 10-15 years as patent laws in the United States have shifted toward being more favorable for implementers and less favorable for innovators. 

What exactly is the meaning of fair, reasonable and non-discriminatory (FRAND)? The terms are easy to say, but difficult to parse. Even more difficult when licensees refuse to engage patent owners in good faith negotiations.

This Panel Will Discuss

  • Do licensees who refuse to enter into good faith negotiations actually forfeit FRAND?
  • Should unwilling licensees forfeit FRAND? If yes, under what circumstances?
  • If FRAND can be forfeited, can entitlement to FRAND be regained? If yes, how?
  • Has FRAND simply become a de facto "reasonable royalty" under 35 U.S.C. 284?


11Zoë Butler

Zoë Butler

IP Litigation Partner, Powell Gilbert LLP
11Curtis Dodd

Curt Dodd

Chief IP Counsel, Harfang IP
11Hasan Rashid

Hasan Rashid

Associate General Counsel, Licensing, GE
11Hon. Theodore Essex

Hon. Theodore Essex

Senior Counsel, Hogal Lovells; Retired ALJ (ITC)

Event Info

  • November 8, 2021
  • 1:00pm EST to 2:30pm EST
  • Live Stream