How standard-setting orgs can curb patent litigation

Law360, Michael Carrier and Brian Scarpelli, 15 June 2021

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Does it matter if standard setting organizations have clear rules on issues like injunctions and royalties? We believe it does.

In this piece, we focus on the Institute of Electrical and Electronics Engineers (IEEE). We describe how the IEEE adopted its patent policy in 2015, address objections to the policy, and consider other organizations’ higher rates of litigation. We conclude that the IEEE’s clear rules have reduced litigation.

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Mexican Competition Authority (Mexico City)

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German Competition Authority (Bonn)

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University of Geneva

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