First FRAND cases litigated

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

First FRAND cases litigated

Case of the Year 2012: FRAND cases in the UK, Germany and US

smartphone.jpg

The result

Courts begin to define what is reasonable

The impact

Telecoms companies will finally find out what all those patents are worth

Apple, Samsung, Microsoft, HTC, Nokia, Google, Ericsson ... the smartphone patent wars have sucked in almost the entire telecoms industry. The battles are being fought on many fronts, but the cavalry is standard-essential patents (SEPs) – either developed or (in the case of Google and Apple) expensively acquired.

In an industry where products incorporate many thousands of patented features, and interoperability is key, SEPs can be very lucrative. But concerns about over-claiming have led to disputes as to their validity, essentiality and above all what is a fair, reasonable and non-discriminatory (FRAND) licence.

Now judges are being asked to step in. In Karlsruhe, Germany, a court stayed an injunction granted to Motorola against Apple, as Apple had offered to take a licence. Last month, in Seattle, a judge heard a case between Motorola and Microsoft over WLAN and Blu-Ray patents. With more decisions due next year, at long last we may finally fathom out FRAND.

This case was selected as one of Managing IP’s Cases of the Year for 2012.

To see the rest, click on one of the cases below.

The 10 cases of the year

A fillip for the EU pharmaceutical sector

Relief for trade mark owners in red sole saga

Australian TV streaming service held to be illegal

Smartphone war hits front page in the US

Liberalising the EU’s software market

India allows parallel imports

Victory for fair dealing in Canada

Lacoste loses its trade mark in China

Google prevails in Android attack

EU test case clarifies class headings

Ten you might have missed

Canada: Ambiguous claims can invalidate patents

Russia: Certainty on parallel imports

Italy: TV formats win copyright for the first time

First FRAND cases litigated worldwide

Monsanto loses in Brazil

Data exclusivity backed by Mexican courts

China: A shift over OEM manufacturing

Authors in the US able to reclaim joint copyrights

Germany: Knitted trainers a sign of the future

India: Financial Times loses trade mark

more from across site and SHARED ros bottom lb

More from across our site

The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Gift this article