Kobayashi and Wright on Antitrust Aspects of Intellectual Property and Standard Setting
[REPOSTED BECAUSE SSRN LINK INACTIVE EARLIER, CHAPTER IS NOW AVAILABLE FOR DOWNLOAD]
Bruce Kobayashi and I have posted our forthcoming chapter, Intellectual Property and Standard Setting, in the forthcoming ABA Antitrust Section Handbook on the Antitrust Aspects of Standard Setting. It offers an analytical overview of the antitrust issues involving intellectual property and standard setting including, but not limited to, patent holdup, royalty stacking, refusals to license, and patent pools.
Kobayashi and Wright (2010) offers largely positive analysis of the antitrust issues in this area. For readers interested in a more normative perspective making the case for an implied preemption of antitrust in the area of patent holdup in favor of state contract law and federal patent law remedies, see Kobayashi and Wright (2009).