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differences among technology layers within ICT.This Article uses both existing and new empirical data to show that patent filing … and thereby necessitate radical systemic change. Instead, it shows that standards policies that de-emphasize patent … to look to the success of Internet standardization in a patent-light environment when considering the adoption of new …
Persistent link: https://www.econbiz.de/10012984139
and users of standardized products, and the terms on which patent holders may be required to license the use of those …
Persistent link: https://www.econbiz.de/10012902419
manufacturers and users of standardized products, and the terms on which patent holders may be required to license the use of those … standards and standards-setting organizations, with a focus on empirical studies and contemporary patent and patent licensing …
Persistent link: https://www.econbiz.de/10014133939
An extensive literature exists regarding the patent disclosure and licensing commitments made by participants in … the U.S. patent assertion events for seven major standards (GSM, USB, 802.11, Bluetooth, UMTS, H.264, LTE). More …
Persistent link: https://www.econbiz.de/10012999268
fallen short. Thus, a new theory is needed to secure the market-wide benefits that patent pledges can offer. This article … proposes a novel “market reliance” theory for the enforcement of patent pledges. Market reliance is rooted in the equitable …Patent holders are, with increasing frequency, making public promises to refrain from asserting patents under certain …
Persistent link: https://www.econbiz.de/10014154824
Under what conditions may the holder of standard-essential patents (SEPs) seek to enjoin an infringing implementer without breaching the SEP holder's contract with the standard-setting organization (SSO) to provide access to those SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms? I...
Persistent link: https://www.econbiz.de/10012918525
invented. In particular, software developers create novel executable software programs, which are components of a computer, by … of software development violates the assumptions of patent law, which generally requires that electromechanical … inventions be conceived, described, and claimed in terms of their physical structure. Patent law should allow software to be …
Persistent link: https://www.econbiz.de/10014029541
This paper studies the problem of patent holdout. Part I reviews the economic theory of holdout, with a specific …, and that “patent trespass” is a better characterization for technology implementers' attempt to evade the conclusion of … licensing agreements. Part II proposes a definition and provide illustrations of patent trespass. To that end, the paper relies …
Persistent link: https://www.econbiz.de/10012854205
diminish the value of patent-related commitments made by participants. In these cases, the intervention of public law …
Persistent link: https://www.econbiz.de/10012964462
adjudication of patent damages, or more precisely, FRAND royalties for standard essential patents (SEPs). Through the use of an … Qualcomm and ARM are used to exemplify different market and industry norms regarding patent licensing. The main findings … suggest that rote use of procedural rules such as the smallest saleable patent practicing unit (SSPPU) and entire market value …
Persistent link: https://www.econbiz.de/10014092575