Most technical standards development organizations (SDOs) have adopted internal policies embodying “due process” criteria such as openness, balance of interests, consensus decision making, and appeals. Unlike other aspects of SDO governance, relatively little scholarly research has...

Recent arguments for stronger patent rights, particularly on 5G wireless telecommunications technologies, are relevant to discussions of national industrial policy and economic development, but are not matters of national security

In the United States, national policy regarding standardization, and especially patents covering standardized products (standards-essential patents, or SEPs) is in a state of disarray. No single U.S. federal agency has authority over national policy toward standardization, nor does a coherent...

The recent assertion of patents originally held by Theranos, the defunct blood analysis company whose founders are under federal indictment for fraud, highlights the existence of patents that might claim non-existent or inoperative inventions. While such patents may ultimately be subject to...

This entry in the online Global Dictionary of Competition Law defines the term trade secret: information that has commercial value to an organization due to its secrecy, is not known outside of the organization, and the continuing secrecy of which the organization has taken reasonable measures...

These comments introduced and provided context for the 2022 Lee E. Teitelbaum Utah Law Review Symposium, “The New Roaring Twenties: The Progressive Agenda for Antitrust and Consumer Protection Law”. They provide an overview of the shifts that have occurred in antitrust law over the past...

With increasing frequency, patent holders have made voluntary public commitments (pledges) to limit the enforcement of their patents without direct compensation. After introducing the background and market impact of patent pledges, this chapter focuses on the effect on patent pledges on the...

This Chapter discusses the current state of legal, economic and policy research on standards-essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs, and recommends additional research directions for the future. Areas for future research include the...

Responding to rapid and steep increases in the cost of scientific journals, a growing number of scholars and librarians have advocated “open access” (OA) to the scientific literature. OA publishing models are having a significant impact on the dissemination of scientific information. Despite...