This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
A holder of patents declared to the European Telecommunications Standards Institute (ETSI) as essential for 3G and LTE cellular standards extended an offer to multiple manufacturers of end-user devices to license the declared patents. The manufacturers claimed that the patent holder’s licensing offer was not fair, reasonable, and non-discriminatory (FRAND). In response, the patent holder requested that the U.S. International Trade Commission institute an investigation pursuant to the provisions of Section 337 of the Tariff Act of 1930 regarding the importation of the manufacturer’s accused products.
Intensity evaluated whether the patent holder’s offers to license patents claimed to be essential for 3G and LTE functionality in end-user devices were FRAND. Intensity analyzed relevant license agreements, the aggregate royalty burden for the 3G and LTE standards, and the patent holder’s economic contribution to each standard.
Intensity also evaluated multiple economic issues, including the impact on competition, consumers, and public health and welfare, relating to how a limited exclusion order and cease and desist order against the manufacturers may impact the public interest. In addition, Intensity performed an evaluation concerning a bond amount upon importation of the accused products that would be sufficient to protect the patent holder from any injury during the 60-day Presidential review period pursuant to 19 U.S.C. § 1337(j).
Secretariat’s Norman Harrison and Ben Boorer, together with Taylor Wessing attorneys Natasha Zahid and Mohammed Tartir, dive into the latest whistleblower issues and trends across the US, Europe, and the Middle East in their article, “When the Whistle Blows.”
Secretariat Experts Contribute to “2024 Annual Review of Antitrust Law Developments”
Secretariat team members Stuart Gurrea, Jéssica Dutra, Wei Tan, Pablo Varas, and Noah Case have contributed to “Chapter I — Restraints of Trade” in the recently published “2024 Annual Review of Antitrust Law Developments” from the ABA Antitrust Law Section. Michael Koenig contributed to “Chapter VIII — Civil Government Enforcement”.
Norman Harrison Named as 2025 Top Consultant by Consulting Magazine
Secretariat is proud to celebrate Norman Harrison’s recognition as a 2025 Top Consultant for Excellence in Regulation and Compliance by Consulting Magazine. This prestigious honor highlights his exceptional contributions to the consulting profession, particularly in helping clients navigate complex regulatory landscapes and ensuing investigations and disputes, as well as resolve compliance issues in highly regulated industries.