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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.
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.
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.
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.
Alexandra Robbins wanted to find out if the stereotypes about sorority girls were actually true, so she spent a year with a group of girls in a typical sorority. The sordid behavior of sorority girls exceeded her worst expectations -- drugs, psychological abuse, extreme promiscuity, racism, violence, and rampant eating disorders are just a few of the problems. But even more surprising was the fact that these abuses were inflicted and endured by intelligent, successful, and attractive women. Why is the desire to belong to a sorority so powerful that women are willing to engage in this type of behavior -- especially when the women involved are supposed to be considered 'sisters'? What definition of sisterhood do many women embrace? Pledged combines a sharp-eyed narrative with extensive reporting and the fly-on-the-wall voyeurism of reality shows to provide the answer.
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 : American Bar Association. House of Delegates Publisher : American Bar Association Page : 216 pages File Size : 24,60 MB Release : 2007 Category : Law ISBN : 9781590318737
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.