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Collaborative Advantage: How Apple-Samsung will impact standards development

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Steve Schulz
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re: Collaborative Advantage: How Apple-Samsung will impact standards development
Steve Schulz   9/5/2012 5:35:40 PM
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That would not solve the problem, because the risk is about undisclosed existing patents held by participating members. If such an essential patent has already been granted, it would block the proposed patent. In fact, any essential patents related to the standard's field of use, even those by cooperating companies that agree to license on RAND terms, would block approval of the proposed patent. In addition, attempting to patent the standard would involve prohibitive expense and years of delay, and then you still have a potential anti-trust problem should those shared IP owners not license on RAND terms. It is much better to deal with it up front.

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