Patent Portfolio Management and Technical Standard Setting: How to Avoid Loss of Patent Rights

Bruce Sunstein

2/09/2008
(Original Publish Date: 6/1/2002)

Standard setting can potentially be accomplished in either of two ways: it can be performed unilaterally—as for example is done by Dolby Laboratories, Inc.— or it can be done collaboratively. When standards are set by collaborative activities, and multiple parties act in concert for the purpose of standard setting, the antitrust laws are implicated. Under section 1 of the Sherman Act, agreements in restraint of trade are made illegal, but unless a per se violation is involved, conduct of competitors is evaluated in light of a rule of reason.