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Title: "Equity, Antitrust, and the Reemergence of the Patent Unenforceability Remedy"
Author: Jorge L. Contreras Professor at American University - Washington College of Law.
Source: The Antitrust Source, October 2011
Publication Date: October 1 2011
Free/Fee: Free Access
Reads: 3471
Abstract: The conventional legal analysis of technical standard setting derives primarily from antitrust law. But antitrust remedies, taken alone, may not be broad enough to address recent abuses of the standardization process. The principal example of this shortcoming is the well-known case of Rambus, Inc., which, over the course of several years, was alleged to have concealed relevant patent applications from a standards organization in which it participated and then successfully sued the entire DRAM industry for royalties after the standard was &quot;locked-in&quot;. Remarkably, Rambus prevailed in its litigation campaign despite aggressive enforcement efforts by the Federal Trade Commission. Rambus's success stemmed, in part, from inherent limitations of the antitrust theories asserted against it to reach its opportunistic behavior.
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