• videocam Live Webinar with Live Q&A
  • calendar_month August 13, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Patent
  • schedule 90 minutes

FRAND Rate Setting and Negotiation Conduct: U.S., UK, EU, and China

About the Course

Introduction

This CLE webinar will guide patent counsel on standard essential patent (SEP) licensing, negotiation behavior, and royalty rate setting. The panel will offer best practices for navigating SEP licensing and rate setting.

Description

SEPs are vital in many industries. For companies to have their technology adopted as the standard for the industry, the company is often required to license the technology on fair, reasonable, and non-discriminatory terms (FRAND). Decisions made by courts in the U.S., UK, EU, China, and elsewhere are shaping SEP licensing as well as the standards surrounding the behavior of both licensors and implementers during license negotiations. 

As approaches to FRAND adjudication continue to develop in these jurisdictions, negotiation behavior has played an increasing role in determining outcomes and royalty rates. It is critical for patent counsel to recognize how the different jurisdictions are addressing negotiation behavior and rate setting to achieve the best results when licensing SEPs around the world.

Listen as our authoritative panel of patent attorneys discusses SEP licensing negotiation behavior of both licensees and licensors. The panel will also examine the setting of royalty rates and review how courts in the U.S., UK, EU, and China are treating rate setting. The panel will offer best practices for dealing with rate setting and negotiation conduct in SEP licensing.

Presented By

Yinan Liu, Ph.D.
Attorney
Finnegan Henderson Farabow Garrett & Dunner LLP

Dr. Liu focuses on inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), litigation in district courts, investigations before the U.S. International Trade Commission (ITC), and appeals before the U.S. Court of Appeals for the Federal Circuit. Her practice includes patent prosecution, strategic client counseling, and portfolio development. Dr. Liu leverages her extensive experience across an array of technical areas, including WiFi, LTE/4G/5G telecommunications, computer networks, artificial intelligence (AI), cloud computing, secure communication and encryption, haptic feedback technology, mobile applications, digital rights management, medical devices, semiconductors, and radio frequency (RF) technologies. Her experience related to standard essential patents (SEPs) in the wireless local-area network (WLAN) and telecommunications field involves analyzing secure sockets layer (SSL) and transport layer security (TLS) protocols; the Institute of Electrical and Electronics Engineers (IEEE) 802.11, 3rd Generation Partnership Project (3GPP); and high efficiency video coding (HEVC) documents and standards.

Jin Ooi
Partner
Finnegan Henderson Farabow Garrett & Dunner LLP

Mr. Ooi focuses on high-stakes IP litigation, with a particular emphasis on complex, multi-jurisdictional patent disputes in the life sciences, technology, and consumer products sectors. Clients benefit from his dual scientific and legal training, which enables him to engage deeply with technical subject matter and develop effective litigation strategies aligned with regulatory and commercial considerations. Mr. Ooi is widely recognized for his sophisticated approach to litigation, advocacy skills, and ability to navigate technically demanding disputes involving cutting-edge innovations. He represents clients in patent litigation, damages inquiries, trade secrets disputes, and related regulatory and competition matters, frequently coordinating such proceedings across multiple jurisdictions. His work has involved pharmaceuticals, biotechnology, and medical devices and advanced technologies, including biologics and biosimilars, DNA sequencing, vaccines, transgenic platforms, cochlear implants, and reduced-risk consumer products. Mr. Ooi has extensive experience litigating some of the most significant patent cases in the United Kingdom and beyond, with multiple matters reaching the UK Supreme Court and Court of Appeal. His work includes representing major pharmaceutical companies in landmark disputes over blockbuster drugs, as well as securing interim injunctions and defending patent validity against coordinated generic challenges. 

Erik R. Puknys
Partner
Finnegan Henderson Farabow Garrett & Dunner LLP

Mr. Puknys' career in intellectual property began more than 25 years ago, when he joined the U.S. Patent & Trademark Office as a patent examiner. Currently serving his second term as the Palo Alto office managing partner, started his legal career at Finnegan’s Washington, D.C. office in 1994, and moved to California in 1997 to help open an office in Silicon Valley. Mr. Puknys has represented both plaintiffs and defendants in district courts around the United States, in the Court of Appeals for the Federal Circuit, and in the U.S. Supreme Court. He has worked for startups and Fortune 100 companies in a wide variety of technical fields, including software, telecommunications, computer hardware, semiconductors, medical diagnostics, medical devices, and pharmaceuticals. Mr. Puknys  is consistently recognized for his work as a leading patent litigator. He has been recognized by The Legal 500 U.S. for patent litigation, and as a leading patent litigator in California by Intellectual Asset Management. He was selected as one of the 75 Leading Intellectual Property Litigators in California by the Daily Journal. Erik was named in The 2015 BTI Client Service All-Stars for “superior client service.”

Daniel F. Seitz
Partner
Finnegan Henderson Farabow Garrett & Dunner LLP

Mr. Seitz, admitted as an attorney at law in Germany, advises and represents clients in patent litigation before national German courts. His work focuses on mechanics and electronics with vast experience related to semiconductors, computers and communication technology. Mr. Seitz represents clients in all patent-related disputes, including preliminary injunction proceedings and patent infringement proceedings before German civil courts, nullity proceedings before the German Federal Patent Court and the German Federal Court of Justice as well as compulsory licensing proceedings. He has experience in a wide range of technologies such as consumer electronics, semiconductors, communication technology, computers, software, automotive, mechanical, consumer goods and sport goods. Mr. Seitz also advises clients on licensing and transfer of intellectual property rights as well as agreements regarding research and development.


Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, August 13, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Negotiation conduct

A. Licensees

B. Licensors

C. Good faith

D. Judicial scrutiny of negotiation behavior

II. Determining/setting royalty rates

A. Methodologies 

B. Royalty stacking

C. Valuation 

III. Court treatment across jurisdictions

A. U.S.

B. UK

C. EU

D. China

IV. Best practices 


The panel will review these and other key issues:

  • How do jurisdictions approach FRAND determinations?
  • What impact does negotiation behavior have on licensing negotiations and royalty setting?
  • How are courts around the world treating rate setting in SEP licenses?