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 …

and users of standardized products, and the terms on which patent holders may be required to license the use of those …

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 …

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 …

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 …

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 …

diminish the value of patent-related commitments made by participants. In these cases, the intervention of public law …

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 …

Most of the academic and policy attention in the past two decades has been focused on patent holdup theory that posits … opportunity for injunctive relief in the US. This study instead investigates the symmetrical theory of patent holdout whereby …, in contention with much larger incumbent market actors.The study finds that, because there are no patent police, the high …