New: Recent Decisions Provide Some Clarity on How Courts and Government Agencies Will Likely Resolve Issues Involving Standard-Essential Patents
Author: Steven M. Amundson
Abstract: Industry-adopted technical standards typically employ technology covered by patents. As part of the standard-setting process, the owners of standard-essential patents agree to license their respective patents on reasonable and nondiscriminatory terms. But patent owners do not have to specify any particular terms before standard adoption. Hence, issues can arise when an implementer of a standard seeks a patent license. Recent decisions by courts and government agencies provide guidance on how to resolve some of those issues.