Cravath, Swaine & Moore LLP

Kappos, David

The *Real* Innovation Economy—Debunking Myths At the Intersection Between Intellectual Property and Competition Laws

International Symposium on Standards, SEPs and Competition Laws - TaiwanRead More

July 2015
Stark, Richard

Debunking the Smallest Salable Unit Theory

Manufacturers of devices such as smartphones need licenses to intellectual property held by innovators. Naturally, as profit-maximizing entities, they prefer to acquire the licenses they need at the lowest possible cost—that is, for the smallest royalty payments, or even royalty free. To achieve...Read More

March 2015
Stark, Richard

The Royalty Stacking Supposition

The Federal Circuit’s ruling heralds a sensible reorientation of the discussion away from mere possibilities toward focusing on realities. No matter where you stand on SEP/FRAND issues, a turn toward evidence should be greeted as a healthy development.Read More

Kappos, David

Facts Show Patent Trolls Not Behind Rise In Suits

The American patent system is at a crossroads. Just two and a half years removed from passage of the America Invents Act — the most dramatic overhaul of the U.S. patent system in generations — we see almost monthly legislative efforts to reform the system yet again. Driving this sentiment in...Read More

Varney, Christine and Kappos, David

Balanced regulations help Innovation

This news article commends President Barack Obama for elevating Edith Ramirez to chairwoman of the FTC.Read More

Brooks, Roger

SSO Rules, Standardization, and SEP Licensing: Economic Questions from the Trenches

This paper includes remarks prepared for the Research Roundtable on Innovation and Technology Standards, February 7-8, 2013, Searle Center on Law, Regulation, and Economic Growth, Northwestern University School of Law.Read More

Brooks, Roger

Licensing and litigation under the RAND umbrella

Large swaths of the economy, and immensely valuable patent portfolios, are entwined with standardized technologies. The owners of thousands of patents “essential” to standards have given voluntary commitments to standards-setting organizations (SSOs) to license those patents on “Reasonable and...Read More