Thursday, October 17, 2013
We had five blog posts on the hot topic of non-SSO Patent Commitments and Pledges. I believe that this is the next frontier in the FRAND wars.
- David Balto wrote about situations where a firm makes general non-SSO FRAND-like commitments and antitrust issues that arise under such circumstances. He even provided an example of where this might be happening.
- Logan Breed described how non-SSO Patent lock-in and opportunism occurs.
- Jorge Contreras analyzed the legal ambiguity involving non-SSO commitments.He argued that the contractarian approach is flawed and instead suggested an approach based on market reliance under securities law (think back to law school days and Basic v. Levinson). He also provided an excellent tool. Program on Information Justice and Intellectual Property (PIJIP) at American University’s Washington College of Law has established a new public web resource listing and describing non-SDO patent commitments.
- Robert Harris discussed de facto standards-essential patents and situations involving when a firm with market power in one or more product markets uses that market power to establish a de facto interoperability or compatibility standard for the industry.
- Simon Steel analyzed some historical perspectives in this area and then applied these insights to the present.