Standards & Patents: The Increased Interplay Between the Two
Hope Shimabuku, Legal Counsel, Research In Motion (RIM), USA
Jim Harlan, Senior Attorney, Research In Motion Ltd, USA
The interplay between standards and patents has increased over the last few years. Standards development organizations (SDOs) are continuing to promulgate new common specifications. Patent owners are trying to develop and gain international acceptance for new ideas by implementing them in a standard while simultaneously seeking to protect their innovation in patents. Implementers of the patents are trying to bring the technology to the user while concurrently maintaining an adequate bottom line when the licensed technology is accepted into a new standard. The interplay is causing an increased tension amongst the rights of various stakeholders, thereby resulting in cases being brought before the courts, many of which are asking questions of first impression.
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