Unilateral Conduct and Standards

Abstract

This chapter examines how antitrust law and patent law have responded to unilateral conduct by patentees in the standards context. A patentee who legitimately wins the market may improperly leverage on its monopoly power to exclude rivals. Similarly, providing the best-in-breed technology cannot excuse patentees who practice patent ambush. Deception corrupts the competitive process by which SSOs select the best-in-breed technology at a competitive price. If patentees seek to leverage on collaborative standardization, they must accept both the benefit and burdens of that process.

Keywords: Ambush, antitrust, estoppel, FRAND, SSO, patent misuse, waiver