Professor Colleen Chien recently developed an innovative and important model that relies on a patent's "after-acquired" characteristics to predict the chances that the patent will be involved in litigation. This comment critiques Professor Chien's model by identifying certain weaknesses,...

This article attempts to explain the interplay between open source software licensing and FRAND licensing in both the development of standards and with respect to firms seeking to use both OSS and proprietary software. Tension has risen in particular in the standards context, where those who...

Software is increasingly seen as a policy tool to influence societal concerns such as privacy, freedom of speech and intellectual property protection. A necessary step in this process is deciding what the ‘settings’ should be for the relevant software. One powerful setting in software is...

Recent world events are forcing us to reconsider the ways in which the energy needs of the United States can and should be met. In regards to renewable energy options in general, the public response to the nuclear crisis at Japan’s Fukushima Daiichi power plant will likely stymie President...

Information technologies affect a variety of fundamental societal concerns, such as privacy and free speech. Policymakers currently analyze each societal concern as sui generis, ignoring commonalities among IT issues. This paper develops a comprehensive descriptive framework to address a variety...

The Internet, computing, and telecommunications industries are ripe for a collision between the worlds of intellectual property and standardization. Many technologies in these industries are covered by patents, and some of these patented technologies are essential to standards necessary for...

While advances in information technology and interconnectivity have improved efficiency for transportation infrastructure, they have also created higher risk associated with cyber systems. The objective of this study is to inform transportation policy and management in the U.S. by identifying...

This chapter reviews the law and policy relating to Standard Setting Organizations (SSOs) and the FRAND commitment. To improve interoperability, we need technology standards, and to create them, we need industry members to work together in standard-setting organizations (SSOs). To ensure that...

This article empirically studies current claims that patent assertion entities (PAEs), sometimes referred to as ‘patent trolls' or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study explores...