英文摘要 |
The article reviews judicial decisions of fair, reasonable, non-discriminatory(“FRAND”) royalties in various jurisdictions. Starting with Microsoft v. Motorolain 2013, the first FRAND royalty decision ever made, courts from different juris- dictions have addressed their opinions on how to determine FRAND royalties. Afterexploring rationales in each case, the article then extracts useful approaches andkey implications for determining FRAND royalties in order to depict an applicableframework. Courts now primarily consider either “top down approach” or “comparablelicense analysis,” or even both as a reliable cross-check, to come up with finalFRAND royalties for SEPs in suit. The article further focuses on Philips v. Gigastorage,a controversial patent infringement case where Taiwan Intellectual PropertyCourt awarded the patentee (Philips) an outrageous amount of damages. The articlerespectively analyzes and discusses the methodology the court adopted in its firstand second instance. The article then suggests that under the comparable licenseanalysis, royalties from a comparable license should be considered as a startingpoint for the calculation, and that the court should further consider apportioningeconomic value of the infringed patent(s) from the entire patent portfolio. The considerationcould help avoid risk of patent hold-up and royalty stacking. The implicationsand trends in the article may shed some light on future FRAND royalty calculation,for corporations in the global telecommunications arena as well as for thejudiciary in Taiwan. |