Title
FRAND’s Forever: Standards, Patent Transfers, and Licensing Commitments
Author
Jay P. Kesan, University of Illinois College of Law, and Carol M. Hayes, University of Illinois College of Law
Date
4/30/2014
(Original Publish Date: 2/28/2013)
(Original Publish Date: 2/28/2013)
Abstract
We examine the theoretical foundations of FRAND commitments and analyze recent case law to expose the limited ways that theories grounded in patent, antitrust, and contract can apply to problems concerning the FRAND commitment. We note that a contract-based theory offers a good approach in many situations, but there are significant limitations to contract theory as applied to FRAND commitments. In particular, contract theory fails to effectively address the problem of enforcing FRAND commitments after an essential patent has been transferred.