In the United States, the issue of whether or not one has complied with a licensing-related commitment made to a standards setting organization is often treated as a matter of contract. As we have written about before (here and here), some implementers wish to interpret such commitments so as not to lose entitlement to fair, reasonable and non-discriminatory (FRAND) licenses despite not negotiating in good faith or, as we like to say, to have their FRAND cake and eat it too. In a recently prepared article, we explore how such an interpretation lines up with basic contract law principles, particularly having reference to the language of the European Telecommunications Standards Institute’s (ETSI) Intellectual Property Rights Information Statement and Licensing Declaration [“the ETSI Licensing Declaration”].
Litigation
- Recapping Abitron at the High Court: The Long Arm of the…Lanham Act?
- Why the Supreme Court Should Weigh in on CMI Violations Under the DMCA
- Precooked Bacon, Artificial Intelligence Patents, and a Defense of the Common Law
- SCOTUS Kills Hope for Eligibility Certainty and Nixes Teva’s ‘Skinny Label’ Appeal
- Newman Says Moore’s Order Alleging She is Unfit for Court is ‘Riddled with Errors’
Recent Posts
- UKIPO Issues New Trademark Guidance on NFTs, the Metaverse and Virtual Goods
- Other Barks & Bites for Friday, May 26: USPTO Proposes Track Three Pilot Program for Micro Entity Patent Applicants; LeBron James Joins Taco Tuesday Trademark Battle; European Commission Releases List of Countries with Concerning IP Rights Protections
- Former Copyright Office GC Tells House IP Subcommittee His Counterpart Got It Wrong on AI Fair Use
- Clause 8: Tom Irving on Litigating the First Hatch-Waxman Case and Mentoring Thousands in the Patent Field
- IP Goes Pop! – Streamlining Copyright Disputes: The Copyright Claims Board