Standards, Royalty Stacking, and Collective Action

This article is part of a Chronicle. See more from this Chronicle

Jorge Contreras, Mar 31, 2015

This article summarizes economic and legal theories regarding royalty stacking in view of recent U.S. case law that has addressed the impact of stacking on the reasonableness of patent royalty rates. It critiques the Federal Circuit’s decision in Ericsson v. D-Link, holding that actual evidence of stacked payments must be proffered to support a jury instruction on stacking. It concludes with a propo