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Client Brief: Standard Setting and Patent Rights: Navigating Choppy Waters



3/31/2010

Standard Setting and Patent Rights: Navigating Choppy Waters

By Robert P. Taylor

  • Antitrust agencies and courts show continued interest in standard setting practices
  • Standard setting organizations are having mixed success in dealing with the IP issues that surface
  • The Federal Circuit has made estoppel and waiver more important in this context
  • Companies should manage carefully their own participation in any standard setting process

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