Media Coverage | 05/21/2020

In Law360, Brooks Kushman Shareholder John LeRoy Provides an “In the Trenches” Perspective on Challenges Adopters Typically Face Licensing Standard Essential Patents, and a Potential Solution

Team Contact: John LeRoy

  • frand
  • patent-litigation

SOUTHFIELD, Mich. – Brooks Kushman Shareholder John LeRoy wrote an article “A Musical Solution For Negotiating Wireless FRAND Rates” that was published in Law360.

Adopters of wireless standard-compliant technology are generally willing to accept truly fair, reasonable and nondiscriminatory (FRAND) license terms for truly standard-essential patents (SEPs). This article outlines six challenges adopters often face negotiating FRAND rates for SEPs. Given the recent introduction of 5G connectivity, and the ongoing litigation between standards adopters and SEP owners unable to amicably agree on FRAND terms, a fair and transparent solution is needed. This article proposes a two-part solution familiar in the music industry for FRAND rate-setting.

LeRoy has been representing the automotive industry in patent litigation matters concerning electronics and computer software for nearly 20 years. He has extensive experience dealing with wireless technology and SEPs, leading to his “in the trenches” perspective of the disconnect between the SEP owners and standards adopters. He is Co-Chair of Brooks Kushman’s patent litigation department and the Chair of the firm’s standard essential patent practice. He holds a Master’s Degree in Electrical Engineering, is a licensed patent attorney, and litigates patents disputes nationwide.

The full Law360 article can be found here.

Learn more about the current SEP issues related to FRAND rates in LeRoy’s earlier SEP sketch, “You May Be Exhausted Over Standard Essential Patents (And Note Even Know It).”

About Brooks Kushman P.C.
Brooks Kushman P.C. is a premier intellectual property (IP) and technology law firm dedicated to the advancement and protection of innovations and brands that propel businesses around the world. With offices in Michigan and California, we work alongside corporations, small to medium sized businesses, and leading universities to protect their intellectual property assets. Our attorneys have a broad range of experience in industries and technologies, including consumer electronics, manufacturing, medical device, computer technology, aerospace, chemicals, biotechnology, and retail.

Brooks Kushman counts a number of Fortune 100 companies across a variety of industries among its clients. The firm is also recognized by leading legal publications and rankings, including Corporate Counsel magazine, U.S. News & World Report, Law360, Intellectual Asset Management, Managing Intellectual Property, and Intellectual Property Today. For more information, please visit

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