Technical interoperability standards are ubiquitous in the modern information infrastructure. Most of these standards are developed within voluntary consensus standards organizations (SDOs) that are open to broad industrial, academic and governmental participation. When private actors obtain patents covering standardized technology, they can exert significant pressure on markets for standardized products. Thus, many SDOs require their participants do disclose patents covering standards prior to adoption or finalization and/or require participants to license such patents on “fair, reasonable and non-discriminatory” (FRAND) terms. Needless to say, defining FRAND has not been easy, and the meaning of FRAND is at the core of much of the patent litigation that is currently sweeping the smart phone industry. The results are being watched closely by regulatory and enforcement agencies across the world, and will likely have a major impact on the future of this and other industries.
PIJIP Database of IPR pledges
This table collects publicly-available statements and commitments made with respect to patents and patent licensing outside of formal standards-development organizations (SDOs). Some of these statements and commitments relate to the use of patents essential to standards, but others relate to uses in open source software and other contexts. Click here to access the table.
Publications and Resources
- IPR Pledge Database
- Jorge Contreras. A Market Reliance Theory for FRAND Commitments and Other Patent Pledges (August 16, 2015). 2015 Utah Law Review 479; American University, WCL Research Paper No. 2014-26.
- Jorge Contreras. Comment to Federal Trade Commission on Patent Assertion Entities. (Project No. P131203). December 15, 2013.
- Jorge Contreras. Patent Pledges. October 31, 2013.
- Jorge Contreras. Fixing FRAND: A Pseudo-Pool Approach to Standards-Based Patent Licensing. Antitrust Law Journal, Fall 2013.
- Jorge Contreras. Standards, Patents, and the National Smart Grid. Pace Law Review Vol. 32 no.642. September 26, 2013.
- Jorge Contreras. Developing a Framework to Improve Critical Infrastructure Cybersecurity (Response to NIST Request for Information Docket No. 130208119-3119-01). April 18, 2013.
- Jorge Contreras. Technical Standards and Ex Ante Disclosure: Results and Analysis of an Empirical Study. Jurimetrics, Vol. 53, No. 1, April 12, 2013.
- Microsoft v. Motorola: Findings of Fact and Conclusions of Law.
- Submission of 19 Economics and Law Professors to the International Trade Commission: RAND Patents and Exclusion Orders
- Apple v. Motorola: Opinion by Judge Posner, June 22, 2012
- Jorge Contreras. Implementing Procedural Safeguards for the Development of Bioinformatics Interoperability Standards. Northern Kentucky Law Review, Vol. 39, No. 2, 2012.
- Fixing FRAND: Rationalizing the Basis for “Fair, Reasonable And Non-Discriminatory” Licensing of Standards-Essential Patents
- Equity, Antitrust, and the Reemergence of the Patent Unenforceability Remedy. The Antitrust Source, Jorge Contreras, 2011
- An Empirical Study of the Effects of Ex Ante Licensing Disclosure Policies on the Development of Voluntary Technical Standards. National Institute of Standards and Technology, Jorge Contreras, 2011.
- Standards Development Patent Policy Manual.ABA, Jorge Contreras, 2007
News and Blogs
- Industry Responds to White House Calls for Prior Art, Examiner Training. Patently-O post by Prof. Jorge Contreras. April 27, 2013.
- So That’s What RAND Means? A Brief Report on the Findings of Fact and Conclusions of Law in Microsoft v. Motorola. Patently-O post by Prof. Jorge Contreras. April 27, 2013.
- Prof. Contreras Quoted in Wall Street Journal on Apple-Samsung Case
- Prof. Contreras in the New York Times on Apple-Samsung Case
- The Frand Wars: Who’s on First?
- Professor Jorge Contreras Cited in New York Times Article
- Reuters: “Astounding” Seattle TRO Ruling Could Remake Smartphone Wars
- The February of FRAND
- MORE NEWS AND BLOGS