ANSI Legal Issues Forum addresses patented technology.
Press Release Summary:
October 27, 2011 - During 2011 Legal Issues Forum: Patented Technology in Standards, nearly 80 legal experts and members of standards and conformity assessment community came together to examine policy and legal issues that may arise when patented technologies are included in voluntary consensus standards. First panel examined RAND licensing commitment, while Panel 2 discussed pros and cons of mandatory or voluntary ex ante disclosure of licensing terms as potential alternative to RAND licensing model.
Original Press Release
Experts Discuss Patented Technology in Standards at the ANSI Legal Issues Forum
Press release date: October 19, 2011
The first panel examined in depth the RAND (reasonable and non-discriminatory) licensing commitment Moderated by Earl Nied, Intel Corporation's program director of intellectual property rights and incoming chairman of the ANSI Intellectual Property Rights Policy Committee (IPRPC), the panel featured five expert speakers: Anne Layne-Farrar, vice president of Compass Lexecon LLC
Andrew Updegrove, partner, Gesmer Updegrove LLP
Joseph Farrell, director, Bureau of Economics, at the Federal Trade Commission Amy Marasco, general manager, standards strategy and policy, Microsoft
E. Earle Thompson, vice president and chief intellectual property counsel, SanDisk Corporation Ms. Layne-Farrar set the stage for the panel's discussion with an overview on the evolution of RAND. Mr. Updegrove raised possible alternatives in his presentation, "Are There a Few Elephants in the RAND Room?" Mr. Farrell then highlighted the economics of RAND as compared to negotiating licensing terms. In her presentation on the European Commission's Directorate General for Competition, Ms. Marasco discussed F/RAND (fair, reasonable, and non-discriminatory) commitments with regard to horizontal cooperation agreement guidelines. Closing out the first panel, Mr. Thompson highlighted the benefits of FRAND. Panel 2: Is Ex-Ante Disclosure and/or Negotiation of Licensing Terms a Safe Alternative to RAND?
In the second panel of the forum, speakers discussed the pros and cons of mandatory or voluntary ex ante disclosure of licensing terms as a potential alternative to the RAND licensing model. Following an introduction by moderator Dan Bart, president and CEO of Valley View Corporation and current chairman of the ANSI IPRPC, five speakers gave their perspectives on the topic: Monica Barone, senior legal counsel, Qualcomm
Robert Skitol, senior partner, Drinker Biddle LLP
Richard Taffet, senior member, Bingham McCutchen LLP
Michael Lindsay, partner, Dorsey & Whitney LLP
Jorge Contreras, visiting associate professor, American University, Washington College of Law In her presentation, Ms. Barone shared a corporate perspective on ex ante disclosure. Mr. Skitol then discussed why accredited standards developers might want to adopt policies that require ex ante disclosure of license terms. Mr. Taffet broadened the panel's discussion with a presentation on the role that ex ante rules play, while Mr. Lindsay discussed possible alternatives to ex ante disclosure. And Mr. Contreras closed the discussion with a report on a study of ex ante policies funded by the National Institute of Standards and Technology (NIST).