Monday, October 28, 2013
Nadia Soboleva & Lawrence Wu (NERA Economic Consulting) ask Standard Setting: Should There Be a Level Playing Field for All FRAND Commitments?
ABSTRACT: In the past few years, issues related to fair, reasonable, and non-discriminatory licensing rates for patents have garnered considerable attention. The issues most often come up in the context of standard-essential patents. However, some FRAND commitments have been undertaken for patents that have not been formally declared as standard essential. In this paper, we consider the development of FRAND-encumbered patents outside the context of a standard-setting organization and the policy issue of whether injunctive relief should apply equally to owners of both types of FRAND-encumbered patents. For ease of exposition, we will refer to two types of FRAND-encumbered patents-SSO FRAND-encumbered patents and non-SSO FRAND-encumbered patents.