Can A SEP Holder Refuse to License Its SEP to A Willing License-Seeker?

Standard-essential patents (“SEPs”) are patents that embody industry-adopted technical standards. While standardization presents many benefits, including interoperability of standardized products and lower manufacturing costs, to the consumers and the industries, it may also lead to the “hold-up” problem where a SEP holder demands a high royalty rate from an implementer using the standard-development leverage. To mitigate the hold-up problem, standard-setting organizations (“SSOs”) often require the participants to agree to license their SEPs to implementers on Continue Reading →

STLR Link Roundup – November 12, 2018

SCOTUS to Decide Whether the U.S. Government Is a “Person” Who may Petition to Institute Review Proceedings Under the AIA The Supreme Court of the United States, on October 26, 2018, granted certiorari in Return Mail Inc. v. United States Postal Service, to address Question 1 of the petition: whether the U.S. government is a “person” who may petition for AIA review of issued patents without facing the estoppel consequences that apply to private parties.  Continue Reading →