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Editor-in-Chief, Anatole Krattiger
Patents and Standards
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Randall R. Rader, Circuit Judge,
United States Court of Appeals for the Federal Circuit
Run Time: 24 minutes
LES International: Licensing in Emerging Economies, Makati City, Philippines
Date: 7-10 June 2009
Judge Rader discussed patent valuation issues in relation to standard setting, or, more specifically, asked the question what is a fair, reasonable and non-discriminatory royalty? He asserts that the problem is not the royalty rate, but the royalty base. Judge Rader illustrates this in detail through a recent CAFC case (now in appeal with the Supreme Court) on Cornell University vs Hewlett-Packard Company and concludes that much of the issues are related to economics. He concludes by asserting that there is no tension between patents and standards but they cloud the economic sky and we don't properly use our legal and economic tools to reach the basis for valuation.