In my view, both of these cases [Microsoft v. Motorola, Innovatio] applied sensible approaches to calculating the appropriate value of RAND-encumbered patents essential to a standard. There may well be other sensible approaches, but these decisions provide important public guidance about how such RAND rates could be calculated, which should make it easier for parties (and other courts) to resolve these kinds of disputes.
Renata Hesse, Deputy AAG, DOJ Antitrust Division, The Art of Persuasion: Competition Advocacy at the Intersection of Antitrust and Intellectual Property, 8. November 2013.
Image may be NSFW.Clik here to view.
