The recent judgment of Birss J considered in detail how to set Frand royalty rates for a portfolio of standard essential patents (sePs). In line with the approach of both valuation experts, Birss J applied the two most common valuation methods for Frand royalties; he chose comparables as his primary method and relied on the “top down” approach as a cross-check. In this briefing note, the FTI team comment on the Judge’s findings on both methods, from a valuation perspective.

For further information please contact Linda Bertolissio or Riina Rintanen.