Ex Ante Rate Disclosure In Tech Standards, A Decade Later

Law360, New York (December 1, 2017, 12:07 PM EST) -- In January 2007, the VITA Standards Organization made history — and stirred up a lot of controversy — by voting to adopt a patent policy that mandates “ex ante” royalty rate disclosures. Specifically, the VITA intellectual property policy requires its members to not only disclose all patents that are likely to be essential to implement the standard (a common practice among standards development organizations, or SDOs, around the world), but also to declare “the maximum royalty rate” they will seek for their disclosed patents, and to...
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