FRAND System May Not Be Broken After All

Law360, New York (November 20, 2013, 7:21 PM EST) -- Standard-essential patent holders have long been required by their standard-setting organizations to commit to licensing all infringers or potential infringers on fair, reasonable and nondiscriminatory terms. However, the recent intense interest in the antitrust limits of SEP rights under FRAND regimes has caused the various stakeholders to examine and to debate what the commitment means (and should mean) for public policy, especially competition policy.

Controversy and even confusion appears to surround the FRAND “commitments” because they are rarely detailed in describing what the SSO and/or the...
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