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Is Arbitration the Answer? Industry and Legal Experts Discuss Resolution of RAND Disputes

When a patent is essential to implementing a standard, standards developing organizations (SDOs) typically require that the Standard-Essential Patent (SEP) holder license implementers on reasonable and non-discriminatory (RAND) terms. In recent years, an increase in the number of high-profile SEP disputes in the mobile device sector has focused attention on what RAND commitments really mean and how they can be resolved more efficiently and without resorting to litigation. Many have pointed to arbitration as a possible means of resolving them.

To examine SEP and RAND issues, and explore the pros and cons of arbitration, nearly 70 legal experts and other members of the standards and conformity assessment community came together in October 2013, for the American National Standards Institute (ANSI) Legal Issues Forum: Arbitration of RAND Disputes, held as part of World Standards Week (WSW) 2013.

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