Standard setting has become increasingly important to the economy. Voluntary, open, and market driven standard setting promotes research and development investments in “best of generation” technologies that enable and accelerate follow on innovation, competition, and economic growth....

Investigations and litigation involving standard-essential patents (SEPs) have begun to spring up around the globe. In February 2014, the Korean Fair Trade Commission issued its first decision on the issue of whether seeking injunctive relief on a FRAND-encumbered SEP constitutes a violation of...

A standard essential patent (SEP) may give the patent holder market power in the market for an input that technology manufacturers need in order to make their products compatible with each other. Several commentators have argued that, when a patent becomes part of a standard pursuant to an...

Some policymakers, courts, and academics have expressed concerns that when a firm’s patents are incorporated into a standard, the inclusion can create market power for the patent holders that can then be abused when the standard is commercialized. This paper offers a critical assessment of...