The Evolution of U.S. Antitrust Agencies’ Approach to Standards and Standard Essential Patents: From Enforcement to Advocacy

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James Rill, Sep 16, 2015

The focus of this article is on what has become a powerful, if somewhat controversial, exercise of advocacy by the U.S. antitrust enforcement agencies: the employment of pressure and advocacy to encourage a result that some claim is redolent of non-antitrust goals in the interface between standard development organization policies and standard essential patents. In short, where have we come from, where are we, and how did we get here?