Unpack FRAND comparable licences based on public information only (if possible)

Birss J has provided further clarity on what disclosure is required to 'unpack' comparable licences in a FRAND dispute in the ongoing InterDigital case against Lenovo, preferring the exercise be conducted based on public information rather than confidential royalty reports. 

Of particular interest is the observation that the exercise is to estimate the value of a portfolio, and that when considering proportionality one must weigh any potential improvement against the costs of achieving it, as well as against the third party confidentiality issues that would inevitably arise. This latter point  was also partly why Birss J refused a request for a schedule of the implementer's licences as disproportionate (the other reason being the surfeit of licences already in the case).

Third parties concerned about their confidential information may rest slightly easier following the judgment.

Read more about the case, and other cases, on the Bristows FRAND Tracker.