Intellectual Property Pools and Aggregation
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June 14, 2011 Federal Trade Commission Office of the Secretary Room H-113 (Annex X) 600 Pennsylvania Avenue Washington, DC 20580 Re: Patent Standards Workshop, Project No. P11-1204 Dear Commissioners and FTC executive staff: Microsoft appreciates the opportunity to provide comments in response to the Request for Comments and Announcement of Workshop on Standards-Setting Issues regarding ―patent hold- up‖ in connection with standardization efforts. At their most fundamental, technical standards are tools that promote efficiency and innovation by making it easier to create products and services that work together—or ―interoperate‖—better. This is especially true in the information and communications technology (ICT) environment. With new ICT solutions and services appearing in the market almost daily, often connected to one another by the Internet or other networks, interoperability has become a market imperative. The development and implementation of standards is one of the ways in which the technology industry is able to meet consumer demand for interoperability.1 By helping to enhance interoperability among products or services within a market, and being responsive to real marketplace needs, standards can help promote innovation, fuel market growth, and protect investments in new technologies. Microsoft plays a dual role in standardization activities. First, we actively contribute innovative technology to standardization related to computing hardware, software and associated devices, the Internet and its infrastructure, consumer electronics devices, and telecommunications systems. Second, we are an active implementer of standards. Microsoft supports a very large number of standards that are formulated by a broad diversity of standards- setting organizations (SSOs) in our products. For example, Microsoft’s Windows 7 operating 1 Microsoft’s commitment to standardization to help further interoperability is reflected in our Interoperability Principles, available at http://www.microsoft.com/interop/principles/default.mspx. -
THE DEFENSIVE PATENT PLAYBOOK James M
THE DEFENSIVE PATENT PLAYBOOK James M. Rice† Billionaire entrepreneur Naveen Jain wrote that “[s]uccess doesn’t necessarily come from breakthrough innovation but from flawless execution. A great strategy alone won’t win a game or a battle; the win comes from basic blocking and tackling.”1 Companies with innovative ideas must execute patent strategies effectively to navigate the current patent landscape. But in order to develop a defensive strategy, practitioners must appreciate the development of the defensive patent playbook. Article 1, Section 8, Clause 8 of the U.S. Constitution grants Congress the power to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”2 Congress attempts to promote technological progress by granting patent rights to inventors. Under the utilitarian theory of patent law, patent rights create economic incentives for inventors by providing exclusivity in exchange for public disclosure of technology.3 The exclusive right to make, use, import, and sell a technology incentivizes innovation by enabling inventors to recoup the costs of development and secure profits in the market.4 Despite the conventional theory, in the 1980s and early 1990s, numerous technology companies viewed patents as unnecessary and chose not to file for patents.5 In 1990, Microsoft had seven utility patents.6 Cisco © 2015 James M. Rice. † J.D. Candidate, 2016, University of California, Berkeley, School of Law. 1. Naveen Jain, 10 Secrets of Becoming a Successful Entrepreneur, INC. (Aug. 13, 2012), http://www.inc.com/naveen-jain/10-secrets-of-becoming-a-successful- entrepreneur.html. -
Spreading Green Iot Tech Through Mechanisms of Sharing Intellectual Property Master’S Thesis in Entrepreneurship and Business Design
Spreading green IoT tech through mechanisms of sharing intellectual property Master’s thesis in Entrepreneurship and Business Design ISAK LIND RASMUS KOCKGÅRD DEPARTMENT OF TECHNOLOGY MANAGEMENT AND ECONOMICS DIVISION OF ENTREPRENEURSHIP AND STRATEGY CHALMERS UNIVERSITY OF TECHNOLOGY Gothenburg, Sweden 2021 www.chalmers.se Report No. E2021:115 REPORT NO. E2021:115 Spreading green IoT tech through mechanisms of sharing intellectual property ISAK LIND RASMUS KOCKGÅRD Department of Technology Management and Economics Division of Entrepreneurship and Strategy CHALMERS UNIVERSITY OF TECHNOLOGY Göteborg, Sweden 2021 Spreading green IoT tech through mechanisms of sharing intellectual property ISAK LIND RASMUS KOCKGÅRD © ISAK LIND © RASMUS KOCKGÅRD Technical report no E2021:115 Department of Technology Management and Economics Division of Entrepreneurship and Strategy Chalmers University of Technology SE-412 96 Göteborg Sweden Telephone + 46 (0)31-772 1000 Göteborg, Sweden 2021 Acknowledgements This master’s thesis is a part of the last semester of the Master of Science program in Entrepreneurship and Business Design at Chalmers University of Technology in Gothenburg. We would like to send our gratitude towards our supervisors at Chalmers University of Technology, Mats Lundqvist and Christoffer Hermansson. It has both been a challenging and inspiring process writing our thesis. Thank you for your guidance and all the interesting conversations we have had. We would also like to send our gratitude towards Ericsson AB, and all the employees who have taken the time to answer our questions. We are especially grateful towards our supervisors Mathias Hellman and Sanna Lundin. Thank you for all the learnings provided, the assistance in finalizing our thesis, and thank you for all the interesting discussions we have had. -
Puzzles of the Zero-Rate Royalty
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 27 Volume XXVII Number 1 Article 1 2016 Puzzles of the Zero-Rate Royalty Eli Greenbaum Yigal Arnon & Co., [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons Recommended Citation Eli Greenbaum, Puzzles of the Zero-Rate Royalty, 27 Fordham Intell. Prop. Media & Ent. L.J. 1 (2016). Available at: https://ir.lawnet.fordham.edu/iplj/vol27/iss1/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Puzzles of the Zero-Rate Royalty Cover Page Footnote Partner, Yigal Arnon & Co. J.D., Yale Law School; M.S., Columbia University. This article is available in Fordham Intellectual Property, Media and Entertainment Law Journal: https://ir.lawnet.fordham.edu/iplj/vol27/iss1/1 Puzzles of the Zero-Rate Royalty Eli Greenbaum* Patentees increasingly exploit their intellectual property rights through royalty-free licensing arrangements. Even though patentees us- ing such frameworks forfeit their right to trade patents for monetary gain, royalty-free arrangements can be used to pursue other significant commercial and collaborative interests. This Article argues that modern royalty-free structures generate tension between various otherwise well- accepted doctrines of patent remedies law that were designed for more traditional licensing models. -
Do the Anticompetitive Risks of Standards-Essential Patent Pools Outweigh Their Procompetitive Benefits?*
Glory Days: Do the Anticompetitive Risks of Standards-Essential Patent Pools Outweigh Their Procompetitive Benefits?* JOHN “JAY” JURATA, JR. & EMILY N. LUKEN1 TABLE OF CONTENTS I. INTRODUCTION………………………………………...…………2 II. BACKGROUND ................................................................................ 3 A. Patent Pools & Similar Arrangements...................................... 3 B. SEPs, FRAND, and Competition Law ....................................... 4 III. PATENT POOLS AND COMPETITION LAW ....................................... 6 A. Overview……………………………………………………………...6 B. Historical DOJ Business Review Letters on Patent Pools….….8 C. DOJ Avanci 5G Business Review Letter…………………………10 IV. SOME OF THE PROCOMPETITIVE ASSUMPTIONS FOR PATENT POOLS ARE NO LONGER ARE TRUE WHEN APPLIED TO FRAND- ENCUMBERED SEPS ..................................................................... 13 A. Market Power ......................................................................... 13 B. Reduced Transaction Costs ..................................................... 16 V. ANTICOMPETITIVE RISKS OF CERTAIN SEP POOLS ARE HIGHER TODAY COMPARED TO THE POOLS REVIEWED BY THE DOJ IN HISTORICAL BUSINESS REVIEW LETTERS .................................... 18 A. Licensing Agents Refusing to Comply with FRAND ............... 19 B. Structural Mechanisms Designed to Deter Adhering to FRAND Commitments ............................................................. 21 C. Including Non-SEPs to Collect Supra-FRAND Royalties ....... 25 D. Using Pools to Exploit -
Managing Intellectual Property Using Patent Pools: LESSONS from THREE GENERATIONS of POOLS in the OPTICAL DISC INDUSTRY
Managing Intellectual Property Using Patent Pools: LESSONS FROM THREE GENERATIONS OF POOLS IN THE OPTICAL DISC INDUSTRY Simon den Uijl Rudi Bekkers Henk J. de Vries For modern technologies, access to intellectual property rights (IPR) is complex because it is fragmented among many owners. The required licensing agreements invoke considerable transaction costs and royalty stacking. Often, it is in the interest of the technology sponsor to ease access to the required IPR. Patent pools have proven useful to achieve this goal. This article examines the experiences with three generations of patent pools in the optical disc industry. Technology platforms are becoming increasingly complex, which leads to a fragmentation of IPR among many pools and causes new issues. A novel “pool-of-pools” can address these. (Keywords: Patents, Intellectual Property, Licensing, Standardization, Technological Innovation, New Product Management, Disruptive Technology) he development of consumer electronics, telecommunications, com- puters, and related high-tech industries is defined by a myriad of tech- nologies. Increasingly, these technologies involve numerous blocking patents owned by multiple patent owners. A recent example is the competitionT between three prominent smartphone operating systems: iOS, Android, and Windows Mobile.1 The companies that developed these operating systems use patents to make the other platforms more expensive and spread uncertainty among app developers. When a technological field develops through the contributions of many entities, negotiating the number of requisite patent licenses may become inefficient and too costly for users. To solve this issue, which is inevitable for any area where many parties invest in research and development, companies increasingly employ a patent pool licensing model. -
Sustainability 2010, 2, 993-1015; Doi:10.3390/Su2040993 OPEN ACCESS Sustainability ISSN 2071-1050
Sustainability 2010, 2, 993-1015; doi:10.3390/su2040993 OPEN ACCESS sustainability ISSN 2071-1050 www.mdpi.com/journal/sustainability Article Science, Open Communication and Sustainable Development John T. Wilbanks 1 and Thomas J. Wilbanks 2,* 1 Science Commons, c/o Creative Commons, 71 Second Street, Suite 300, San Francisco, CA 94105, USA; E-Mail: [email protected] 2 Oak Ridge National Laboratory, P.O. Box 2008, MS-6038, Oak Ridge, TN 37831, USA * Author to whom correspondence should be addressed; E-Mail: [email protected]; Tel.: +1-865-574-5515; Fax: +1-865-576-2943. Received: 1 February 2010; in revised form: 19 March 2010 / Accepted: 22 March 2010 / Published: 13 April 2010 Abstract: One of the prerequisites for sustainable development is knowledge, in order to inform coping with sustainability threats and to support innovative sustainability pathways. Transferring knowledge is therefore a fundamental challenge for sustainability, in a context where external knowledge must be integrated with local knowledge in order to promote user-driven action. But effective local co-production of knowledge requires ongoing local access to existing scientific and technical knowledge so that users start on a level playing field. The information technology revolution can be a powerful enabler of such access if intellectual property obstacles can be overcome, with a potential to transform prospects for sustainability in many parts of the world. Keywords: knowledge for sustainability; co-production of knowledge for sustainability; information technology; open access 1. Introduction Sustainable development across the regions, systems, and populations of this world is a path, not a state [1]. The challenges to sustainability evolve constantly, as changes in conditions and driving forces emerge with little notice. -
Standards-Essential Patents and Injunctive Relief
April 2013 StandardS-ESSEntial PatEntS and injunctivE rEliEf StandardS-ESSEntial PatEntS and injunctivE rEliEf Table of ConTenTs Page I. InTroduCTIon 1 II. baCkground: The Standard-setting ProCess and InjunCTIve relIef To enforCe PaTenT rIghTs 2 a. SEPs and FRAND CommITmenTs 2 b. InjunCTIve relIef and exClusIon orders In PaTenT InfrIngemenT Cases 3 1. The United States 3 2. Rest of the World 4 III. AvaIlabIlITy of InjunCTIve relIef for InfrIngemenT of FRAND-enCumbered sePs under relevanT PaTenT laws 4 a. The unITed StaTes 4 1. Injunctions and FRAND-Encumbered SEPs in U.S. Courts 5 a) Apple v. Motorola (N.D. Ill.) 5 b) Microsoft v. Motorola (W.D. Wash.) 5 c) Apple v. Motorola (W.D. Wisc.) 6 2. Recent ITC Developments 6 a) The ’745 Investigation (Complainant: Motorola; Respondent: Apple) 7 b) The ’752 Investigation (Complainant: Motorola; Respondent: Microsoft) 7 c) The ’794 Investigation (Complainant: Samsung; Respondent: Apple) 8 d) Comments by Agencies and the Public Regarding FRAND-Encumbered SEPs in ITC Investigations 8 b. EuroPe 9 1. Germany 9 a) Orange Book Standard—The Framework for the FRAND Defense 9 b) Lower Court Application of Orange Book Standard 10 2. The Netherlands 11 3. France and the United Kingdom 12 C. AsIa 1 2 1. Japan 12 2. China 12 Iv. ApplICabIlITy of anTITrusT laws To Attempts To obTaIn InjunCTIve relIef wITh resPeCT To FRAND-enCumbered sePs 13 a. The unITed StaTes 13 1. District Court Decision in Apple v. Motorola 13 2. DOJ Investigation of Google/Motorola Mobility 14 3. FTC Antitrust Enforcement Actions 14 a) In the Matter of Robert Bosch GmbH 14 b) In the Matter of Google, Inc. -
Patents and Standards
Patents and Standards A modern framework for IPR-based standardization FINAL REPORT A study prepared for the European Commission Directorate-General for Enterprise and Industry This study was carried out for the European Commission by and as part of the DISCLAIMER By the European Commission, Directorate-General for Enterprise and Industry The information and views set out in this publication are those of the author(s) and do not necessarily reflect the official opinion of the Commission. The Commission does not guarantee the accuracy of the data included in this study. Neither the Commission nor any person acting on the Commission’s behalf may be held responsible for the use which may be made of the information contained therein. ISBN 978-92-79-35991-0 DOI: 10.2769/90861 © European Union, 2014. All rights reserved. Certain parts are licensed under conditions to the EU. Reproduction is authorized provided the source is acknowledged. About ECSIP The European Competitiveness and Sustainable Industrial Policy Consortium, ECSIP Consortium for short, is the name chosen by the team of partners, subcontractors and individual experts that have agreed to work as one team for the purpose of the Framework Contract on ‘Industrial Competitiveness and Market Performance’. The Consortium is composed of Ecorys Netherlands (lead partner), Cambridge Econometrics, CASE, CSIL, Danish Technological Institute, Decision, Eindhoven University of Technology (ECIS), Euromonitor, Fratini Vergano, Frost & Sullivan, IDEA Consult, IFO Institute, MCI and wiiw, together with a group of 28 highly-skilled and specialised individuals. ECSIP Consortium p/a ECORYS Nederland BV Watermanweg 44 3067 GG Rotterdam P.O. Box 4175 3006 AD Rotterdam The Netherlands T. -
Licensing Terms of Standard Essential Patents. a Comprehensive Analysis of Cases
Licensing Terms of Standard Essential Patents A Comprehensive Analysis of Cases Authors: Chryssoula Pentheroudakis, Justus A. Baron Editor: Nikolaus Thumm 2017 EUR 28302 EN This publication is a Science for Policy report by the Joint Research Centre (JRC), the European Commission’s science and knowledge service. It aims to provide evidence-based scientific support to the European policy- making process. The scientific output expressed does not imply a policy position of the European Commission. Neither the European Commission nor any person acting on behalf of the Commission is responsible for the use which might be made of this publication. Contact information European Commission, Joint Research Centre Address: Edificio Expo. c/Inca Garcilaso, 3. 41092 Seville (Spain) E-mail: [email protected] Tel.: +34 954488318 JRC Science Hub https://ec.europa.eu/jrc JRC104068 EUR 28302 EN PDF ISBN 978-92-79-64458-0 ISSN 1831-9424 doi:10.2791/32230 Print ISBN 978-92-79-64459-7 ISSN 1018-5593 doi:10.2791/193948 Luxembourg: Publications Office of the European Union, 2017 © European Union, 2017 Reproduction is authorised provided the source is acknowledged. How to cite: Chryssoula Pentheroudakis, Justus A. Baron (2017) Licensing Terms of Standard Essential Patents. A Comprehensive Analysis of Cases. JRC Science for Policy Report. EUR 28302 EN; doi:10.2791/32230 All images © European Union 2017 Title: Licensing Terms of Standard Essential Patents. A Comprehensive Analysis of Cases Abstract The prospect of licensing patents that are essential to standards on an industry-wide scale is a major incentive for companies to invest in standardization activities. -
How Valuable Is Your Patent, Really?
1 2 3 4 • These are factors that go beyond the usual realm of a patent prosecution counsel • broad claims • well supported by spec • clean prosecution history • Timely issuance • Can the patent stand alone as an asset? à How much is the patent worth in the market place? 5 • Life after AIA • Presumption of validity at the district court level is no longer there • Parallel proceedings at PTAB • High rate of IPR institution and claim cancellation (especially at the outset of AIA) • While the application of AIA rules and new processes are being hashed out, presumption of validity is definitely gone. • Case law is always evolving – Pendulum still swinging • Gottschalk v. Benson • Parker v. Flook • Diamond v. Diehr • State Street Bank v. Signature Financial Group • In re Bilski • Alice Corp. v. CLS Bank International • DDR Holdings v. Hotels.com (one patent held as patentable! • Enfish v. Microsoft • Certain PTAB decisions being designated precedential 6 http://www.ncsl.org/research/financial-services-and-commerce/2016-patent-troll- legislation.aspx http://www.law360.com/articles/836578/the-post-aia-battleground-for-patent- challenges http://www.finnegan.com/resources/articles/articlesdetail.aspx?news=3aad1da2- 08a9-4f14-a147-611b1e39ff75 ITC: Availability of Cease and Desist orders and Limited or General Exclusion Orders; speedy proceedings “anti-patent troll” — i.e., entities that have made a business out of directly challenging patents via IPR for financial gain (“...IPR process is being misused by hedge fund companies whose motive isn't -
Patent Pools and Innovation in the Optical Disk Drive Industry
A Tale of Two Standards: Patent Pools and Innovation in the Optical Disk Drive Industry Preliminary Draft Comments Only Please Kenneth Flamm University of Texas at Austin at Austin [email protected] December 2011 First Revision, January 2012 Patent pools—arrangements to issue single common licenses to a portfolio of patents owned by multiple distinct owners—became increasingly common in high tech industry in the final decade of the last century.1 The patent system enabling these pools sits at the intersection of two sometimes conflicting objectives of economic policy. On the one hand, societies typically encourage innovation by granting temporary monopolies (i.e., patents) on new technologies, as a dynamic incentive to induce investment in R&D, the outcome of which would otherwise be difficult to appropriate by an inventor. On the other hand, once technology has been created, it is statically optimal to make it available as widely as possible at its marginal cost of transfer, which is often close to zero, a price that would offer no return to an inventor and discourage new investment in innovation. There is a fundamental tension between these two divergent goals. Patent pools further complicate this tradeoff: while antitrust policy is generally focused on discouraging coordination among producers intended to improve the exercise of their collective monopoly power, patent pools explicitly encourage such coordinated action. Conceptual Issues With complex technological systems, which frequently are associated with formal or informal industry standards, it is common for patents owned by different firms to cover distinct elements used in building the high tech system or technology platform.