Topic
standard setting
30 published works
Contemporary Intellectual Property, Licensing & Information Law
The DC Circuit restores some rationality to antitrust law re Standards Setting Organizations (SSO) in the Rambus case.
I truly enjoy it when a court catches an administrative agency expanding their scope to advocate a particular view of what economic or political life should entail, and then tells…
Antitrust Law Blog
D.C. Circuit Overturns FTC Rambus Decision
The antitrust litigation against Rambus for failing to disclose patents to JEDEC, a standard setting body (SSO), took another twist last week. In Rambus v. FTC, No. 07-1086 (D.C. Cir.…
The Contingency
Lack of “Exclusionary” Conduct Dooms FTC’s Rambus Order (Update)
Let's play Monopoly®! If a dominant manufacturer charges monopoly prices for its products, does it violate antitrust law? No. Of course not. Are you nuts? What if it won its…
Antitrust Law Blog
FTC Finds Patent Holder’s Refusal to Honor Licensing Agreements on Technology Adopted by Standard Setting Organization Unlawful
Businesses that participate in Standard Setting Organizations ("SSOs") and seek adoption of their technologies in standards now arguably face additional exposures. Extending a line of previous SSO patent "hold-up" cases,…
Antitrust Law Blog
Broken Promise to Standard-Setting Organization May Be Anticompetitive, Third Circuit Rules
A patent holder that promises a standard-setting organization that it will license its technology on fair and reasonable terms, but reneges once its technology is adopted as the industry standard,…
Antitrust Law Blog
The Federal Trade Commission Splits On Whether It Could/Should Order Mandatory Licensing With Zero Royalties
On July 31, 2006, a unanimous Federal Trade Commission (“Commission” or “FTC”) ruled that Rambus Inc.’s “acts of deception constituted exclusionary conduct under Section 2 of the Sherman Act, and…
Antitrust Law Blog
Department of Justice Issues Important Business Review Letter on Standard Setting Organization Rules Requiring Patent Disclosure
An October 30, 2006 Business Review letter ("BRL") from the Antitrust Division of the Department of Justice (the "Department") is a potentially important step forward in providing guidance to Standard…
Antitrust Law Blog
FEDERAL TRADE COMMISSION DECIDES LANDMARK CASE CONCERNING MISUSE OF STANDARDS SETTING PROCESS
On July 31, 2006, the Federal Trade Commission issued its long awaited decision concerning abuse of a technical standard setting process, In the Matter of Rambus, Inc., Docket No. 9302. The…
Media Law Prof Blog
The Future of the International Telecommunications Union
Patrick Ryan, University of Colorado at Boulder, has published "The Future of the ITU and its Standard-Setting Functions in Spectrum Management" in Standards Edge: Future Generation, edited by Sherrie Bolin,…
The IP Law Blog
Disclosure Requirements for Patent Holders Who Participate in Standards Setting Organizations
By Todd Wilson Companies that develop and maintain patent portfolios and also participate in standards setting organizations (SSOs) must be aware of a duty to disclose patents and patent applications…