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To print this article, all you need is to be registered or login on Mondaq.com. Rarely must patent infringers demand their right to pay royalties. But several multinational manufacturers have gone to court to insist that they – and not other participants in the supply chain – make payment of any patent royalties. From a contractual perspective, judicial analysis of such claims has focused on the non-discrimination prong of the fair, reasonable, and non-discriminatory ("FRAND") patent licensing commitment. In other words, some manufacturers have argued, and some cou...

To embed, copy and paste the code into your website or blog: A patent holder that prevails in a patent infringement suit is entitled to either lost profits or a reasonable royalty. A reasonable royalty calculation often implicates the infringing product's revenues (the "royalty base"). 1 The smallest saleable patent-practicing unit ("SSPPU") is a legal doctrine that restricts the royalty base that a patent holder can use in its reasonable royalty calculation. Two recent cases may shape the application of this doctrine in the patent infringement context and the SEP licensing context. Both pate...