Access Advance competition and policy counsel, Jeffrey Blumenfeld, wrote an article that was published in IAM with five reasons why courts should not set rates for patent pools.

Mr. Blumenfeld argues that:

1. There are legal limits on courts’ authority.
2. Pool efficiency drives lower royalty rates.
3. Court-set rates would become ‘un-FRAND’ over time.
4. Courts lack the expertise to replicate pool rate setting.
5. Patent pool licensing operates as a two-sided market, with licensors on one side and licensees on the other.

The full article can be found here: Five reasons why courts should not set rates for patent pools

Jeffrey Blumenfeld is a founding partner of Competition Law Partners and represents clients at the intersection of technology, intellectual property, competition law and policy. He has significant experience working with both patent holders and implementers on collective IP activities including R&D, standards setting and collective defence to patent infringement, and has been counsel to patent pools for more than two decades. He is currently competition and policy counsel to Access Advance.