Every antitrust case must consider the market environment in which conduct is to be evaluated. In her recent Qualcomm decision, Judge Koh devoted considerable space to standard essential patents and FRAND commitments, but she also addressed the antitrust refusal to deal and exclusion claims with little reference to standard setting or FRAND. In this edition of IP Literature Watch, we also share a study on the first systematic exploration of uncited patents, investigating traits of uncited patents by examining the link between lack of citations and various other factors. Additionally, we include a paper on the paradox of source code secrecy and the conflict that exists now at the intersection of software, trade secrecy, and public governance.
To read more about these topics and other recent publications concerning intellectual property issues around the world, click below to download a copy.
License to all or access to all? A law and economics assessment of standard development organizations’ licensing rules
Should FRAND commitments be interpreted to require licensing all comers or could access to standards can be achieved through other, less rigid means?