ANSI - American National Standards Institute

ANSI Legal Issues Forum 2011: Patented Technology in Standards

ANSI Legal Issues Forum 2011: Patented Technology in Standards

Thursday, October 13, 2011

2:00 – 5:00 pm

Newseum Knight Conference Center
555 Pennsylvania Ave. NW, Washington DC, 20001
703.416.1600

ANSI’s annual Legal Issues Forum examined legal and policy issues which may arise when patented technologies are included in voluntary consensus standards.

The Institute presented two panels of recognized leaders who examined the pros and cons of the RAND (reasonable and non-discriminatory) licensing commitment as well possible alternatives to RAND, including negotiating licensing terms prior to choosing the standard.

Panel 1: The Pros and Cons of RAND: Does RAND Continue to Be the Preferred Approach to Essential Technology?
Panel 2: Is Ex-Ante Disclosure and/or Negotiation of Licensing Terms a Safe Alternative to RAND?
Time Topic Speaker
2:00 – 2:05 p.m. Opening Remarks Patricia Griffin, Vice President and General Counsel, ANSI
2:05 – 3:20 p.m. Panel 1 –
The Pros and Cons of RAND

Panelists will address the pros and cons of the RAND licensing commitment and its continued viability as the preferred approach
to deal with essential patented technology in standards.

The panel will conclude with
a 15-minute Q&A session.

Advance reading:

Moderator:
Earl Nied
Program Director, Intellectual Property Rights, Intel Corporation; Incoming Chairman, ANSI Intellectual Property Rights Policy Committee

Panelists and Topics:

The Evolution of RAND
Anne Layne-Farrar
Vice President, Compass Lexecon LLC

Are There a Few Elephants in the RAND Room?
Andrew Updegrove
Partner, Gesmer Updegrove LLP

Economics of RAND Compared to Negotiation
Joseph Farrell
Director, Bureau of Economics, Federal Trade Commission

DG Comp Comments about FRAND Commitments in the Horizontal Cooperation Agreement Guidelines
Amy Marasco
General Manager, Standards Strategy and Policy, Microsoft

FRAND Is Your Friend
E. Earle Thompson
Vice President and Chief Intellectual Property Counsel, SanDisk Corporation

3:20 – 3:40 p.m. Networking Break  
3:40 – 4:55 p.m.

Panel 2 – Ex Ante Disclosure

Panelists will address the pros and cons of mandatory or voluntary ex ante disclosure of licensing terms as a potential alternative to the RAND licensing model.

The panel will conclude with
a 15-minute Q&A session.

Moderator:
Dan Bart
President and CEO, Valley View Corporation; Current Chairman, ANSI Intellectual Property Rights Policy Committee

Panelists and Topics:

The Ex Ante Debate
Monica Barone
Senior Legal Counsel, Qualcomm

Why ANSI-Accredited Standards Developers Should Want to Adopt Policies that Require
Ex Ante Disclosure of License Terms

Robert Skitol
Senior Partner, Drinker Biddle

Is There Hold Up, and What Role Do Ex Ante Rules Play?
Richard Taffet
Senior Member, Bingham McCutchen LLP

Alternatives to Ex Ante Disclosure
Michael Lindsay
Partner, Dorsey & Whitney LLP

Report on the NIST-funded Study of Ex Ante Policies
Jorge Contreras
Visiting Associate Professor, American University, Washington College of Law

4:55 – 5:00 p.m. Closing Remarks Patricia Griffin, Vice President and General Counsel, ANSI
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