Abstract
This column discusses Microsoft's attempt to argue the necessity of fair, reasonable, and nondiscriminatory (FRAND) licensing for patents essential to practicing a standard. In regard to a case under appeal in which Apple and Motorola sued each other over several Moto standards-essential patents (SEPs), Microsoft argues that standardization is anticompetitive unless owners of SEPs promise to license on FRAND terms and keep their promises. Otherwise, the SEP owners will hold the industry up for exorbitant fees.
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