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Rethinking Rand: Sdo-Based Approaches To Patent Licensing Commitments, Jorge Contreras
Rethinking Rand: Sdo-Based Approaches To Patent Licensing Commitments, Jorge Contreras
Working Papers
So-called “reasonable and nondiscriminatory” (RAND) licensing commitments have been utilized by standards-development organizations (SDOs) for years in an attempt to alleviate the risk of patent hold-up in standard-setting. These commitments, however, have proven to be vague and offer few assurances to product vendors or patent holders. A recent surge of international litigation concerning RAND commitments has brought this issue to the attention of regulators, industry and the public, and many agree that a better approach is needed. In this paper, I identify seven “first principles” that underlie the licensing and enforcement of standards-essential patents (SEP)s. These can be summarized as …
The Perils Of Armchair Analysis: Evaluating Merger Enforcement During The Obama Administration, Jonathan Baker, Carl Shapiro
The Perils Of Armchair Analysis: Evaluating Merger Enforcement During The Obama Administration, Jonathan Baker, Carl Shapiro
Articles in Law Reviews & Other Academic Journals
This brief comment responds to the analysis of Obama administration merger policy in Daniel A. Crane, Has the Obama Justice Department Reinvigorated Antitrust Enforcement? 65 STAN. L. REV. ONLINE 13 (2012).