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Complex interoperability protocols such as Wi-Fi, Bluetooth and DVD have become known throughout the developed world by simple and memorable names, many of which have been protected as trademarks, service marks and certification marks. This chapter describes different approaches that have been...
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Over the past several years, there has been a surge in litigation over technical standards, standards-essential patents (SEPs), and the patent policies of standards development organizations (SDOs). While this litigation has fueled a cottage industry of commentary by economists, legal scholars,...
Persistent link: https://www.econbiz.de/10013010772
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...
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An extensive literature exists regarding the patent disclosure and licensing commitments made by participants in standards-development organizations (SDOs), and how such commitments affect the assertion of standards-essential patents (SEPs). But this literature largely ignores the acquisition...
Persistent link: https://www.econbiz.de/10012999268
Today's technology product markets are inherently international. The global character of technology markets underscores the importance of technical interoperability standards in global supply chains and commerce. This paper considers the impact of patents on international technical...
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Despite their potential benefits, voluntary consensus standards have over the past decade become the subject of significant private litigation, regulatory enforcement and policy debate. Much of the current controversy centers on the perceived proliferation of patents covering standardized...
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In recent years, high-profile lawsuits involving standards-essential patents (SEPs) have made headlines in the United States, Europe, and Asia, leading to a heated public debate regarding the role and impact of patents covering key interoperability standards. Enforcement agencies around the...
Persistent link: https://www.econbiz.de/10012984139