We examine various conceptual issues raised by the “patent wars” that have occurred in recent years in telecommunications. We conclude that “patent wars” are the natural consequence of the multi-invention nature and massive growth of the industry and the probabilistic and...

We respond to a recent proposal by Profs. Lemley and Shapiro for compulsory binding final-offer (baseball-style) arbitration for disputes over licensing FRAND-commited standards-essential patents. We demonstrate that, contrary to their suggestions, their proposal is not "best practices" for any...