Published: 1/30/17
Publication: Wireless Week
“Standard essential patents have received a lot of attention in recent years – from industry participants such as Apple, Ericsson, Huawei, Motorola, Nokia and Samsung, who have been engaged in costly and heated global litigation related to the enforcement of such patents; to economists, who have devoted considerable attention to articulating the proper economic approach to valuing such patents; to regulators, who through speeches, publications, and enforcement actions have sought to identify what are (and what are not) appropriate ways for industry participants to litigate and resolve their disputes over the value of such patents. Thus far, the consensus regulatory view is that arbitration – or a similar type of neutral adjudication – is the form of dispute resolution most likely to lead to fair and appropriate outcomes, and a wave of recent arbitrations has put that regulatory theory to the test. The question now being asked is whether arbitration is the solution that regulators hoped it would be – is litigation over standard essential patents a thing of the past?” – [READ MORE]