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Author: Jorge L. Contreras
Publisher: Edward Elgar Publishing
ISBN: 1785362496
Category : Patent laws and legislation
Languages : en
Pages : 360
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Book Description
Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.
Author: Jorge L. Contreras
Publisher: Edward Elgar Publishing
ISBN: 1785362496
Category : Patent laws and legislation
Languages : en
Pages : 360
Get Book Here
Book Description
Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.
Author: Jorge L. Contreras
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
With increasing frequency, patent holders have made voluntary public commitments (pledges) to limit the enforcement of their patents without direct compensation. After introducing the background and market impact of patent pledges, this chapter focuses on the effect on patent pledges on the organizations that make them, both as tools of patent portfolio management and as binding organizational commitments. To further this analysis a new taxonomy of patent pledges is developed based on their legal structure: Type A (unilateral covenants), Type B (bilateral commitments) and Type C (public licenses). Following this structure, the conditions, if any, under which a potential pledge beneficiary may enforce the pledge obligation against the pledgor are explored through the lenses of legal theories including antitrust/competition, contract, license and promissory estoppel. This chapter concludes with an analysis of the legal remedies available to a party seeking to enforce a patent pledge against the pledgor, and applies this analysis to the recent case of Moderna's mRNA vaccine pledge and subsequent litigation against Pfizer and BioNTech.
Author:
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ISBN:
Category :
Languages : en
Pages : 0
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Book Description
He has previously served as co-chair of the American Bar Association's (ABA) Technical Standardization Committee, as co-chair of the National Conference of Lawyers and Scientists, and as a member of the Advisory Council of the NIH's National Center for Advancing Translational Science and the National Advisory Council for Human Genome Research. [...] Patent increasing structural complexity and sophistication pledges, occupying a middle ground between of patent pledges, a richer set of motivations the public domain and full patent enforcement, leading firms to pledge patents, increased serve valuable market functions for firms wishing attention to the role that patent pledges play in to induce others to adopt a common industry innovation and on [...] Many of the papers presented at the symposium The discussion occasioned by this dispute also were collected and published in a book.10 prompted the author of this paper, together with colleagues at American University Washington As noted in this work, pledges today have expanded College of Law, to begin collecting samples of well beyond software and telecommunications non-SDO patent pledges, to pr [...] But even in the last few years, the market has observed a In October 2013, Danny Sokol, a professor at number of emerging developments in the field the University of Florida, referring to "the next of patent pledges. [...] That is, even though the contract: they are not signed by the beneficiary of program is set out in a free-standing document the pledge, there is no express consideration paid that is separate from the customer's Azure service by the beneficiary and often the beneficiary is not agreement, it would likely constitute part of the even known to the pledgor.
Author:
Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages : 24
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Book Description
Author: Bassem Awad
Publisher:
ISBN:
Category : Climatic changes
Languages : en
Pages : 11
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Book Description
Author: Jorge L. Contreras
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Patent holders are, with increasing frequency, making public promises to refrain from asserting patents under certain conditions, or to license patents on terms that are “fair, reasonable and non-discriminatory” (FRAND). These promises or “patent pledges” generally precede formal license agreements and other contracts, but are nevertheless intended to induce the market to make expenditures and adopt common technology platforms without the fear of patent infringement. But despite their increasing prevalence, current contract, property and antitrust law theories used to explain and enforce patent pledges have fallen short. Thus, a new theory is needed to secure the market-wide benefits that patent pledges can offer. This article proposes a novel “market reliance” theory for the enforcement of patent pledges. Market reliance is rooted in the equitable doctrine of promissory estoppel, but adds a rebuttable presumption of reliance borrowed from the “fraud-on-the-market” theory under Federal securities law. Under this approach, a patent holder's public commitment is enforceable by any participant in the relevant market, absent a showing that it knowingly rejected the commitment. The market reliance theory offers a robust means for enforcing legitimate patent pledges by third party market participants, and extends the effect of such pledges to downstream purchasers of patents. As such, the market reliance theory could fill a critical gap in the existing patent enforcement landscape and give greater assurance to the technology markets that depend on them.
Author: C. Bradford Biddle
Publisher: Cambridge University Press
ISBN: 1108426751
Category : Business & Economics
Languages : en
Pages : 379
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Book Description
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
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Category :
Languages : en
Pages :
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Book Description
Author: Jorge L. Contreras
Publisher: Cambridge University Press
ISBN: 1316518035
Category : Law
Languages : en
Pages : 951
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Book Description
A comprehensive and practical textbook in the field of intellectual property licensing.
Author: Shirish Sundaresan
Publisher:
ISBN:
Category :
Languages : en
Pages : 40
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Book Description
Innovation has long been seen as the engine of economic growth. But as barriers to innovation such as patent thickets and patent litigation have risen dramatically in recent years, firms are beginning to examine the role that patents play in driving innovation. We examine how shifts in a firm's intellectual property (IP) strategy can affect future innovation. In particular, we investigate whether or not a firm's IP strategy can spur follow-on or generative innovation that builds upon its inventions. Our paper looks at one aspect of an open IP strategy (i.e. patent non-assertion pledges) affects the rate and type of future innovation. We study open IP strategy in the context of the Patent Commons (a set of patent non-assertion pledges) formed in 2005 by IBM. In the period following the formation of the Commons, we find that there is a 24% decrease in the average yearly forward citation rate. However, the effects of patent pledges are most strongly evidenced in the citations made by external inventors. Average annual external citations decrease by 27% following the patent pledge. We find that IBM's shift towards a Patent Non-Assertion strategy led to a decrease in the use of pledged intellectual property in future generative innovation.
