IAM Publishes Article by Dave Kappos on Comparable Licences in FRAND Negotiations
September 10, 2025
On September 10, 2025, Intellectual Asset Management published an article by Cravath partner David J. Kappos and associate Leslie Liu entitled “Comparable Licences in FRAND Negotiations: A Principled Starting Point for Valuation.” The article examines the UK Court of Appeal’s decision in Optis v Apple, emphasizing the use of comparable licences as the primary reference point for determining FRAND rates. The article argues that anchoring FRAND determinations in real‑world licensing practices ensures both fairness and predictability, while preserving the integrity of the negotiation process and the value of innovations.
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J.D., 1990, University of California, Berkeley, School of Law
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B.S., 1983, University of California, Davissumma cum laude
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