Misconduct in Standard Setting: The Case for Patent Misuse

Abstract:     
This Article examines the problem of patent hold-ups in standard setting organizations. The paper critically assesses the solutions currently used to address the problem and explains why the overlooked policy lever of patent misuse provides a best answer yet to patent hold-ups. This article is followed by an Addendum that analyzes the en banc decision of the Federal Circuit in Princo Corp. v. International Trade Com’n. 616 F.3d 1318 (Fed. Cir. 2010), which was decided after this article was written.

Number of Pages in PDF File: 48

Keywords: patents, antitrust, standard setting, SSOs, patent misuse, estoppel, waiver, equity, RAND, disclosure, Rambus, Qualcomm, Princo

Accepted Paper Series