Download This PaperLicensing Standards Essential Patents
les Nouvelles - Journal of the Licensing Executives Society, Volume LII No. 4, September 2017
6 Pages Posted: 5 Sep 2017
Date Written: July 26, 2017
Abstract
This article reviews the progress of cellular standards and compares that rise with the increase of standards essential patents because of the smartphone. Relevant case law is examined including the seminal Georgia-Pacific fifteen factors and how they were cited in 95 cases since 1995. Relevant articles are reviewed concerning the smartphone royalty stack, GATT and standards and in particular the case law surrounding device licensing represented by the key factors deciding the Microsoft v. Motorola case. A way forward is proposed that industry once again take the lead to determine reasonable royalty when licensing standards essential patents.
Keywords: Cellular Standards, Georgia-Pacific, 1995, GATT, Microsoft v. Motorola
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