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Technology Stocks : Interdigital Communication(IDCC)
IDCC 345.28-2.7%12:28 PM EST

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To: Bobby Yellin who started this subject7/15/2000 10:11:17 PM
From: Gus  Read Replies (2) of 5195
 
Excellent post by Quicken over at RB:

The Effect of Industry Standard Setting on Patent Licensing and Enforcement
Robert P. Feldman and Maura L. Rees, Wilson Sonsini Goodrich & Rosati, Brent Townshend

The authors are currently litigating a case involving the enforcement of a patent that is basic to an ITU-T standard.

Basic Patents vs. Implementation Patents

An issue that affects the licensing and enforcement of patents in this regard is the ability of an industry standard to confer market value on intellectual property. In this context, there are two distinct types of patents that are affected differently by standard-setting processes:

Basic patents that embody a fundamental technological innovation

Implementation patents that implement an engineering solution to a particular problem, for which there are several near-equivalent ways to reach the same result

With respect to basic patents, the patent provides a unique technological innovation that has no equivalent; such a patent would be a clear choice for incorporation into a standard. With respect to implementation patents, there may be several proprietary ways of implementing the same function, but no one method can be said to be significantly more efficient or desirable than another.......

ragingbull.altavista.com
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