New Developments in Standard Setting and Patent Licensing: Trying to Make RAND Terms More Reasonable

Law360 (November 3, 2006, 12:00 AM EST) -- A recurring problem in standards setting is that an owner of a patent arguably essential to a particular standard demands a commercially unrealistic royalty even though it has certified to the standards setting organization that it is prepared to provide a license under "reasonable and nondiscriminatory” (RAND) terms.

To address this problem of "reasonable" not really being reasonable, one standards organization has proposed an approach which not only requires a participant to disclose patents and patent applications its owns that are essential to a new standard,...
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