Abstract

http://ssrn.com/abstract=1783406
 
 

Citations (1)



 
 

Footnotes (72)



 


 



Understanding the RAND Commitment


Douglas Lichtman


University of California, Los Angeles (UCLA) - School of Law


Houston Law Review, Vol. 47, p. 1023, 2010
UCLA School of Law, Law-Econ Research Paper No. 11-08

Abstract:     
In a typical agreement between a buyer and a seller, price is one of the central terms specified in the deal. Yet, in a surprisingly large number of technology agreements, patent holders today are choosing to leave out that critical detail. Instead, in these modern agreements, patent holders adopt as their pricing term only a commitment to later price at a "reasonable and nondiscriminatory" rate. This RAND commitment has been used in patent deals covering everything from 3G cellular communication to DVD video playback. But why are firms adopting it? And how should courts interpret its language? In this Lecture, I take up these questions, considering the purpose behind this type of price ambiguity and ultimately arguing that, at its core, the RAND commitment is most likely a pro-competitive mechanism primarily designed to guide courts away from patent law's conventional - and here largely inappropriate - damages regime.

Number of Pages in PDF File: 28

Keywords: RAND, patent, license, reasonable, non-discriminatory, standard-setting, SSO

JEL Classification: K21

Accepted Paper Series


Download This Paper

Date posted: March 14, 2011 ; Last revised: May 25, 2014

Suggested Citation

Lichtman, Douglas, Understanding the RAND Commitment. Houston Law Review, Vol. 47, p. 1023, 2010; UCLA School of Law, Law-Econ Research Paper No. 11-08. Available at SSRN: http://ssrn.com/abstract=1783406

Contact Information

Douglas Gary Lichtman (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-267-4617 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 935
Downloads: 224
Download Rank: 78,085
Citations:  1
Footnotes:  72

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.328 seconds