Misconduct in Standard Setting: The Case for Patent Misuse
48 Pages Posted: 26 Jun 2011 Last revised: 25 May 2014
Date Written: June 16, 2011
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.
Keywords: patents, antitrust, standard setting, SSOs, patent misuse, estoppel, waiver, equity, RAND, disclosure, Rambus, Qualcomm, Princo
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