Steve Korniczky, Sheppard Mullin
Tell us about your biggest trial win from January 2017 to July 2018 and how you achieved the result for your client.
My biggest trial win this past year, TCL v. Ericsson, was also the most complex case of my career. We focused our strategy on obtaining transparency into Ericsson's “declared” vs. “actual” standard essential patents and SEP licenses. Without this information, SEP owners can hold hostage those trying to implement the technology and force what amounts to ransom payments. We analyzed the universe of 154,000 2G, 3G and 4G patents declared standard essential, and Ericsson's SEP portfolio and SEP licenses. With little legal precedent, we developed a methodology to calculate the FRAND rates. Based on that methodology, the court calculated the FRAND rates and concluded Ericsson's offered rates were not fair and reasonable and that its rates were discriminatory.
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