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Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema
Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema
Scholarship@WashULaw
This Article addresses a single problem: how can we allow engineers and scientists from different institutions to collaborate to set the best technical standards possible, not considering intellectual property (“IP”) rights, and then establish the royalty rates for each patent owner after the standard is set? The current system attempting to solve this problem requires patent owner participants to sign a Reasonable and Non-Discriminatory (“RAND”) commitment. These RAND commitments require the participants to agree an ante, i.e., before the standard is actually set, to license whatever patent rights they may ultimately have in the standard on terms that are reasonable …
Optimal Patent Jurisprudence, Scott Baker, Claudio Mezzetti
Optimal Patent Jurisprudence, Scott Baker, Claudio Mezzetti
Scholarship@WashULaw
We model judicial learning about optimal patent policy. The court is infinitely lived; the plaintiff and defendant are short lived. Litigated cases provide the court with information about the optimal rule. Different cases provide different sorts of information. Opinions influence the stream of future cases likely to be litigated and, as a result, change the flow of information to the court. In structuring opinions, courts make decisions whether to learn fast or slow. We have three main results. First, patent law will stabilize even if the court places zero value on the "predictability" of legal rules. Second, path dependence of …