Intellectual Property Pools and Aggregation

Jorge L. Contreras, Intellectual Property Licensing and Transactions: Theory and Practice, Forthcoming

University of Utah College of Law Research Paper No. 408

38 Pages Posted: 18 Dec 2020 Last revised: 9 Jan 2021

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Date Written: October 21, 2020

Abstract

This chapter in the forthcoming case book "Intellectual Property Licensing and Transactions: Theory and Practice" covers IP pooling, with an emphasis on patents. It begins with a discussion of the theoretical benefit of pooling, including efficiency gains and the avoidance of blocking positions, thickets and anti-commons. It then addresses antitrust analysis of pooling transactions from Standard Oil (Indiana) v. United States (U.S. 1931) through the 2017 DOJ-FTC Antitrust Guidelines. The chapter then turns to pools created to facilitate standard-setting, including the MPEG-2 and 3GPP Pools, and discusses the concept of complementarity and essentiality of pooled assets. It concludes with brief discussions of Princo v. ITC (Fed. Cir. 2010) and the rise of patent aggregators such as RPX Corp.

Keywords: Patent Pool, FRAND, Standards, Essentiality, MPEG, 3GPP

Suggested Citation

Contreras, Jorge L., Intellectual Property Pools and Aggregation (October 21, 2020). Jorge L. Contreras, Intellectual Property Licensing and Transactions: Theory and Practice, Forthcoming, University of Utah College of Law Research Paper No. 408, Available at SSRN: https://ssrn.com/abstract=3716569 or http://dx.doi.org/10.2139/ssrn.3716569

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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