Abstract

http://ssrn.com/abstract=1364116
 
 

Footnotes (243)



 


 



Rambus v. F.T.C. in the Context of Standard-Setting Organizations, Antitrust, and the Patent Hold-Up Problem


Joel M. Wallace


Berkeley Center for Law & Technology

March 13, 2009

Berkley Technology Law Journal, Vol. 24, p. 661, 2009

Abstract:     
This article examines the patent hold-up problem through the lens of recent litigation involving alleged abuses within standard-setting organizations (SSOs). In Rambus v. Federal Trade Commission, a case addressing antitrust liability for failing to disclose relevant patents to an SSO, the D.C. Circuit held that an SSO member should not face liability unless there is affirmative proof that the SSO would have certainly chosen another standard absent deception. This article argues that the D.C. Circuit's analysis was incompatible with its prior en banc ruling in United States v. Microsoft. Next, this article explores measures SSOs may take to avoid the patent hold-up problem. Finally, this article examines the possibility of expanding the use of equitable defenses by defendants sued by firms that attempt to engage in hold-up.

Number of Pages in PDF File: 44

Keywords: intellectual property, joel wallace, patent, hold-up, antitrust, rambus, broadcom, qualcomm, ftc, f.t.c., standards

Accepted Paper Series





Download This Paper

Date posted: March 19, 2009 ; Last revised: December 28, 2013

Suggested Citation

Wallace, Joel M., Rambus v. F.T.C. in the Context of Standard-Setting Organizations, Antitrust, and the Patent Hold-Up Problem (March 13, 2009). Berkley Technology Law Journal, Vol. 24, p. 661, 2009. Available at SSRN: http://ssrn.com/abstract=1364116

Contact Information

Joel M. Wallace (Contact Author)
Berkeley Center for Law & Technology ( email )
Room 355
Berkeley, CA 94720-7200
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,175
Downloads: 307
Download Rank: 56,633
Footnotes:  243

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.265 seconds