FRAND Commitments in Theory and Practice: A Response to Lemley and Shapiro's 'A Simple Approach'

21 Pages Posted: 21 Apr 2016

See all articles by Edward Sherry

Edward Sherry

Independent

David Teece

Institute for Business Innovation

Peter Grindley

Berkeley Research Group, LLC

Date Written: April 13, 2016

Abstract

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

Sherry, Edward and Teece, David J. and Grindley, Peter, FRAND Commitments in Theory and Practice: A Response to Lemley and Shapiro's 'A Simple Approach' (April 13, 2016). Available at SSRN: https://ssrn.com/abstract=2764615 or http://dx.doi.org/10.2139/ssrn.2764615

Edward Sherry (Contact Author)

Independent ( email )

No Address Available

David J. Teece

Institute for Business Innovation ( email )

F402 Haas School of Business, #1930
Berkeley, CA 94720-1930
United States
(510) 642-4041 (Phone)

Peter Grindley

Berkeley Research Group, LLC ( email )

Boston, MA
United States

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