Proactive or Reactive? An Empirical Assessment of IPR Policy Revisions in the Wake of Antitrust Actions

The debate over potential antitrust concerns for the use of protected intellectual property within standard setting often centers on the rules and regulations in place at Standard Setting Organizations (SSOs). While the typical focus is on whether or not particular rules should be mandated for SSOs, this debate begs a broader question: what are SSOs doing, of their members’ own volition, to address apparent antitrust gaps or weaknesses within their IPR rules? This paper systematically assesses what SSOs have actually done (or failed to do) in relation to antitrust concerns, as those concerns emerge over time