October 2012 RAND Revisited

 


RAND Revisited: Current Developments in the Law of Standards-Essential Patents

Friday, October 26, 2012
Bancroft Hotel
Berkeley, CA

For many years, patent holders have made commitments to license patents that are necessary to practice a standard on reasonable, nondiscriminatory terms (RAND). The scope and content of that commitment is now being debated and tested in several forums, including US and foreign courts and regulatory bodies, the ITC, and the Standards Setting Organizations (SSOs) themselves. At this conference, economists and legal scholars will join practitioners from law firms and corporations to discuss these developments and the future of RAND, addressing such questions as: What is a RAND royalty and how should it be determined? Under what legal theories can the RAND obligation be enforced? Does a license offer have to be reasonable and non-discriminatory or does that requirement only apply to the negotiated result? Should injunctions or exclusion orders be available and, if so, under what circumstances? Are purchasers bound by prior RAND commitments? What reciprocal obligations are permitted? What is the proper role of SSOs and should their rules be updated? What should be the role of government regulators?

 

6.0 hours of MCLE credit will be available for attendees.