InterDigital Inc (IDCC)

[Ghors]

Give me a break. The court decided that all combined SEP patents should not exceed 5%.
It then determined that there are 529 essential patents. So one essential patent is worth 5% / 529 x price of product. Question. Where did they get 529? What if a defendant declares 1000 patents essential (over declaration)? Could they then show 1529 essential and reduce the damages even more? Who decides if all the 529 SEP's are really essential? Looks like Japan just capped damages and screwed patent owners.

The court said:

When calculating the percentage of the contribution of the patents among the contribution of the UMTS standard, to stop the cumulative royalty becoming excessive, a calculation method not exceeding a certain percentage for all standard essential patents (SEPs) should be adopted. The Court found the cumulative royalty rate was 5% and the number of SEPs indispensable for UMTS standard was 529, and concluded that a royalty under FRAND condition for iPhone 4 and iPad 2 Wi-Fi+3G is approximately ¥9.96 million JPY ($100,000).

IMO ghors