when are patent pools procompetitve course hero

What are patent pools?

Patent pooling to increase access to essential medicines Bulletin of the World from POLS 1124A at Visayas State University Main Campus - Baybay City, Leyte ... WIPO. (2014). Patent Pools and Antitrust - A Comparative Analysis. Retrieved July 8, ... Course Hero is not sponsored or endorsed by any college or university. ...

How does Sisvel manage its patent pools?

5 Question 3--Research Inputs and Patent Pools a. What is a patent pool? Give two examples of patent pools formed by the government. b. Consider a sequential innovation that builds off basic research and consequently requires the use of multiple research inputs.

Do antitrust laws impact patent pools?

Lerner and Tirole have focused on two related topics that are squarely at the intersection of patents and antitrust: patent pools and standard-setting organizations (SSOs). They tackled patent pools first, addressing a key antitrust issue: how …

Should patent pool managers negotiate with single licensees or multiple licensees?

Combined with the 1995 Antitrust Licensing Guidelines and 2007 Antitrust/ IP Report, the DOJ’s Business Review Letters on issues at the intersection of antitrust and IP, such as patent pools, have provided a roadmap for organizing collaborative activity in technology markets to promote competition and innova-tion. 52 That same guidance is ...

Why are patent pools bad?

After all, patent pools are formed by companies which bundle their product offering (ie, licences to patents) and sell it at a fixed price. To paraphrase Winston Churchill’s famous comment about democracy, one could say that patent pools are the worst way to license standard-essential patents (SEPs) – except for all the other ones. Pools make life easier for licensors and licensees alike by dramatically reducing the cost and time needed to invest in the licensing process. They are a useful tool for bringing technology to market more quickly, eciently and fairly, and generally at a better overall price for licensees. Sometimes the dealings and inner workings of pools may seem obscure. However, compared to the often murky battles of individual companies over SEP licensing – think Qualcomm and Apple, for example – they are beacons of transparency.

What is enforcement action in pool?

One of the most sensitive issues in a pool is enforcement action. When an implementer does not want to take out a licence, is enforcement action the appropriate response? For legal reasons, enforcement action must normally be brought by an individual licensor or patent owner, even if the infringed patents have been pooled in a collective licensing programme. However, individual licensors in a pool are not always keen to volunteer for enforcement action, as it can expose them to retribution from the infringer. So what is the procedure to decide which licensor(s) should step up to the plate?

What is back-oce administration?

Back-oce administration and an IT system which supports the licensing programme are inconspicuous but vital aspects of a patent pool. Handling all the transactions – collecting royalties from sometimes hundreds or even thousands of licensees and redistributing them among 10, 20 or 30 licensors – is more often than not an extremely complicated task. While bilateral cross-licensing agreements have an impact on the royalties that are payable and must be acknowledged, the royalty distribution rules agreed

Is optical disc pool one blue?

Most programmes in the area of video coding, audio coding and audio compression are standard-based pools. Optical disc pool One-Blue, on the contrary, is product based. Traditionally, a pool just offers a licence to a standard or a family of standards in one technological area. This means that companies entering the field as implementers, and therefore prospective licensees, would normally have to deal with various pools. This is because, in general, various generations of standards remain relevant to a specific application, even after a new, more advanced standard is introduced. Each of these standards has its own SEPs and patent pools.

What patents were not competing?

The court found that the two patents in issue, Lagadec and Raaymakers, were not competing patents. They also found that even if there were a side agreement not to license the Lagadec patent, it would not result in misuse for the Raaymakers patent, which was being enforced under the pooling agreement.

What happens if you have a separate side agreement in a pool?

The court held that even if a separate side agreement among two pool members regarding an unenforced patent in the pool might violate the antitrust laws, it would not be misuse of a different patent in the pool that is enforced.

What was Princo's argument in the Orange Book?

The Commission, however, found that Princo presented insufficient evidence that the patent covered a viable commercial alternative to the technologies incorporated into the Orange Book standard.

What did Princo contend about Philips?

Princo contended that Philips’ package licensing constituted misuse by unlawfully “tying” licenses for patents nonessential to the Orange Book standard with licenses for patents essential to the Orange Book standard. According to Princo, Philips’ package licenses required Princo to accept a license on technology it did not need or want. Additionally, Princo contended that the pooling arrangement between Philips and its competitors unlawfully restrained competition by foreclosing access to technology not needed to manufacture Orange Book-compliant discs.

What is patent misuse?

The court explained that patent misuse is a judicially created doctrine in derogation of a patentee’s statutory right to enforce its patent.

What is the doctrine of patent misuse?

The doctrine of patent misuse is a judicially created defense to patent infringement that renders a patent unenforceable when the patentee has impermissibly extended the coverage or time scope of the patent. The Court of Appeals for the Federal Circuit has applied the doctrine to prevent patent holders from imposing licensing conditions ...

What licenses did Philips offer?

Under the arrangement, Philips offered several package licenses that allowed licensees to manufacture Orange Book-compliant CD-R and CD-RW discs. The package licenses included patents that were believed to be needed to manufacture the discs.

What is patent pool?

Pools are agreements between two or more patent owners to license their patents to one another and/or to third parties. Patent Pools and Antitrust – A Comparative Analysis, World Intellectual Property Organization (WIPO), 3 (Mar. 2014). “In a patent pool, patent rights are aggregated amongst multiple patent holders. Then, the pooled patents are made available to member and non-member licensees and typically the pool allocates a portion of the licensing fees it collects to each member in proportion to each patent’s value.” Id. (citing Robert P. Merges, Institutions for Intellectual Property Transactions: The Case of Patent Pools, in Expanding the Boundaries of Intellectual Property, Innovation Policy for the Knowledge Society, 123, 129 (Rochelle Cooper Dreyfuss et al. eds., 2001)).

What is pool 2020?

October 30, 2020. Print Article. “Pools are an elective market mechanism designed to provide benefits to both innovators and implementers… . The market benefits of pools are not fully realized and, in some cases, entirely destroyed when the burdens are not shared equally.”. Implementers of standard essential technology such as Long-Term Evolution ...

Why are pools important?

Pools allow both innovators and implementers to enjoy cost predictability by simultaneously increasing efficiencies and decreasing transaction costs and litigation expenses. The market benefits of pools are not fully realized and, in some cases, entirely destroyed when the burdens are not shared equally.

What is the symbiotic relationship between innovators and implementers?

The symbiotic relationship between innovators and implementers cannot continue where one side takes all the risk and the other side reaps all the reward. One construct put in place by innovators to extract compensation from the marketplace are patent pools that license patents that are declared essential for technology standards.