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Standard Setting, Rand Licensing And Ex Ante Auctions: The Policy Implications Of Asymmetry, Anne S. Layne-Farrar
Standard Setting, Rand Licensing And Ex Ante Auctions: The Policy Implications Of Asymmetry, Anne S. Layne-Farrar
Anne S. Layne-Farrar
Standard setting organizations may in some circumstances confer market power on participants whose patented technologies are included in standards. Promises to license on reasonable and non-discriminatory (RAND) terms play a key role in mitigating any such market power, but the usefulness of those commitments has recently been questioned. The problem allegedly lies in the absence of a generally agreed test to determine whether a particular license satisfies a RAND commitment. Swanson and Baumol (2005) have suggested that “the concept of a ‘reasonable’ royalty for purposes of RAND licensing must be defined and implemented by reference to ex ante competition.” In …
Revisiting Injunctive Relief: Interpreting Ebay In High-Tech Industries With Non-Practicing Patent Holders, Anne S. Layne-Farrar
Revisiting Injunctive Relief: Interpreting Ebay In High-Tech Industries With Non-Practicing Patent Holders, Anne S. Layne-Farrar
Anne S. Layne-Farrar
The Supreme Court’s 2006 eBay ruling marked a turning point in injunctive relief policy. Unfortunately, there seems to be considerable confusion about the implications of the decision. Some authors, concerned over patent holdup and excessive royalty rates, interpret the eBay decision as giving a green light to district courts to deny injunctive relief to “non-manufacturing patent owners”. Using an error cost framework, we examine the theory and evidence behind patent holdup concerns as they relate to injunctive relief policy. We find that the holdup theory justifying categorical limitations on injunctive relief rests upon overly narrow assumptions. As a result, categorical …