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Misconduct in Standard Setting: The Case for Patent Misuse

48 Pages Posted: 26 Jun 2011 Last revised: 25 May 2014

Daryl Lim

The John Marshall Law School

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

Suggested Citation

Lim, Daryl, Misconduct in Standard Setting: The Case for Patent Misuse (June 16, 2011). IDEA: The Journal of Law and Technology, Vol. 51, No. 4, p. 557, 2011. Available at SSRN:

Daryl Lim (Contact Author)

The John Marshall Law School ( email )

315 South Plymouth Court
Chicago, IL 60604
United States

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