Is Standardization for Autonomous Cars Around the Corner?: Antitrust and IP Considerations

By Shervin Pishevar Given the recent focus on self-driving cars, it is only a matter of time before the industry begins to consider setting technical interoperability standards for such cars.  The automated vehicle industry will need a mechanism to allow these cars to drive side-by-side with both autonomous and human-operated cars, communicate with each other, […]

Tying, Exclusivity, and Standard-Essential Patents

Posted by Social Science Research Network Tying, Exclusivity, and Standard-Essential Patents By Erik Hovenkamp (Harvard Law School) Abstract:      When a technological standard is adopted, implementers must pay to license all “standard-essential” patents (SEPs)—those covering core features of the standard—although the particular price terms usually cannot negotiated beforehand. To allay implementers’ fear of being […]

What a Difference a Year Makes: An Emerging Consensus on the Treatment of Standard-Essential Patents

Jonathan Kanter, Oct 15, 2013 These days, it is difficult to identify an antitrust issue that is generating more discussion than standard-essential patents. To some, SEPs are to antitrust what Breaking Bad is to television: a complex and important subject worthy of discussion. To others, SEPs are to antitrust what Miley Cyrus is to pop […]

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

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

Original Sin

This article is part of a Chronicle. See more from this Chronicle John Harkrider, Mar 31, 2015 While SEPs could be a potential predator in the hands of a firm that wants to raise the costs of its rivals, the Administration’s intervention on SEP enforcement, while doing nothing with respect to non-SEPs, can have three […]

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 […]

IEEE Business Review Letter: The DOJ Reveals Its Hand

This article is part of a Chronicle. See more from this Chronicle Hugh Hollman, Mar 31, 2015 Given the impact of technology standards, greater transparency into the mechanics of private SDOs is ultimately very valuable, as are the government’s publicized views of those standard setting activities. As explained by Bill Baer, Deputy Attorney General of […]

F/RANDly Judicial Advice to the Rescue: Ericsson v. D-Link

This article is part of a Chronicle. See more from this Chronicle Dina Kallay, Mar 16, 2015 On December 4, 2014, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in the Ericsson v. D-Link matter. The Decision marks the first U.S. appellate review guidance on the much-debated issue of determining […]

An Analysis of the Federal Circuit’s Decision in Ericsson v. D-Link

This article is part of a Chronicle. See more from this Chronicle Anne Layne-Farrar, Koren Wong-Ervin, Mar 16, 2015 On December 4, 2014, the U.S. Court of Appeals for the Federal Circuit issued a decision in Ericsson v. D-Link, providing substantial guidance to lower courts on how to calculate royalty rates for standard-essential patents encumbered […]

The Royalty Stacking Supposition

This article is part of a Chronicle. See more from this Chronicle Richard Stark, Mar 16, 2015 It has become commonplace for serious people to assert in the SEP/FRAND context that the possibility of royalty stacking is an issue that must be addressed—a concern that threatens profits, progress, and competition itself. Interested parties around the globe […]