FRAND Commitments in Theory and Practice: A Response to Lemley and Shapiro's 'A Simple Approach'
21 Pages Posted: 21 Apr 2016
Date Written: April 13, 2016
We respond to a recent proposal by Profs. Lemley and Shapiro for compulsory binding final-offer (baseball-style) arbitration for disputes over licensing FRAND-commited standards-essential patents. We demonstrate that, contrary to their suggestions, their proposal is not "best practices" for any standards-setting organization and suffers from a number of practical and conceptual problems.
Keywords: intellectual property, arbitration, FRAND, Lemley, Shapiro, standard-essential patents, SEP
JEL Classification: D23, K11
Suggested Citation: Suggested Citation