Many technology companies operate in spaces covered by a wide range of standard-setting organizations (SSOs). Understanding the IP ramifications of joining a standard can make or break an IP portfolio. Further, knowing if, when, and how you can exit an SSO must be carefully managed.

Standard Essential Patents (SEPs) are patents claiming technology essential to an industry standard’s use. Understanding the technical and legal nuances of how the SEPs are handled relative to your business can be critical to your company’s success. Not all SEP Agreement obligations, RANDs, and FRANDs are created equal and failing to understand those nuances can be outcome determinative to your long-term business goals.

Patent Pooling typically refers to an arrangement where two (2) or more technology companies agree to cross-license patents and other IP relating to a particular technology. Whether you are competing with such a company, selling to such a company, selling to one of the company’s competitors, or otherwise engaged in a technology space with one or more patent pools, your success may be impacted by, or even hinge on, a technical and legal strategy for dealing with a patent pool.

Fountainhead attorneys have the technical knowledge to understand SSO and Pooled technologies as well as the legal expertise to advise you on how contractual rights and obligations of the Standards and Pools can impact your business.