The Intellectual Property Committee
of the American Bar Association’s
A Brown Bag Lunch
February 28, 2007
12:00 noon to 1:30 p.m. EST
The VITA Business Review Letter –
Are Licensing Commitments Beyond “RAND” A Good Thing?
The potential problem of patent hold-up, in which owners of patents essential to a standard
refuse to license their intellectual property on reasonable terms, is well-recognized. The
conventional solution is to require participants in the standard-setting process to commit to
license on reasonable and non-discriminatory ("RAND") terms. But is that enough? At least
some organizations have concluded that more of a commitment is required and have adopted
policies that the patent holders must specify "ex ante" maximum royalty rates and most
restrictive licensing terms. Last October, in the VITA Business Review Letter, the Justice
Department stated its intention not to challenge such requirements. In this program, the panel
will take up the standard-setting issue in the VITA Business Review Letter and some of the other
open issues, including whether "ex ante" discussions of licensing terms should also be permitted
in the context of standard-setting.
MODERATOR: Michael Lindsay, Dorsey & Whitney LLP
SPEAKERS: Gail Levine, Assistant General Counsel, Verizon Communications Inc.
Robert Skitol, Drinker Biddle & Reath LLP
Richard Taffet, Bingham McCutchen LLP
LOCATION: Host site in Washington, D.C., at Drinker Biddle & Reath LLP,
1500 K Street, N.W., Suite 1100. Call-in numbers will be available
as set forth below.
If you would like to participate either by phone or in-person, please RSVP with Larissa Carso
(202) 230-5629 or Larissa.Carso@dbr.com. For those participating by phone, the dial-in number
will be e-mailed to you three days before the program. Also, a recording of the program will be
available in MP3 format and accessible at www.abanet.org/anitrust/at-bb/bb-audio.shtml. If you
have any questions, please contact Diane Odom at (312) 988-5702 (firstname.lastname@example.org).