Considering Whether Ex Ante Joint Negotiations within Standard Setting Are “Reasonably Necessary”

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Anne Layne-Farrar, May 06, 2008

In the ongoing debate over intellectual property (IP) within standard setting, the issue of patent holdup has loomed large. Under holdup, a firm that has a patented technology which is included in a standard can use the fact that negotiating a new standard around another technology may be difficult, time-consuming, and expensive. In this case, the patent holder may be able to extort more in licensin