Published on: 09 April 2026
Published by an LexisNexis IP expert
As patent disputes multiply, and court rulings on FRAND licence rates for SEPs diverge, attention is shifting to aggregate royalty depositories to provide prospective patent licensees with greater certainty about future outlay. Such depositories offer manufacturers a transparent estimate of the fees for licensing the range of SEPs underpinning a particular standard, for example 5G connectivity in vehicles. In turn, this can head off costly litigation where an SEP owner and licensee differ over a FRAND valuation for the patents. A depository is unlike a patent pool: it is not exclusively driven by patent holders and more reliably assures that its coverage spans the complete suite of SEPs required for the relevant standard. Though long mooted and not yet implemented, aggregate royalty depositories would see an independent expert panel determine the SEPs necessary for a given standard and settle on an aggregate figure that technology developers could trust. First floated within the EU’s now-scrapped SEP Regulation proposal, the idea is again being reconsidered by businesses and industry bodies as one potential route through an increasingly fragmented landscape of judicial FRAND determinations, with the goal of providing clear, dependable royalty totals and significantly curbing conflicts between SEP owners and prospective licensees...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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