Access Advance competition and policy counsel, Jeffrey Blumenfeld, wrote an article that was published in IAM on the topic of why judicial rate-setting will fundamentally undermine patent pools. <\/p>\n\n\n\n
Jeffrey argues that:
– Patent pools succeed by balancing licensor and implementer interests through market-based negotiations, not judicial intervention.
– Court-set pool rates risk triggering negative feedback loops that reduce participation, coverage and licensing efficiency.
– Pool licensing differs fundamentally from bilateral SEP licensing, creating jurisdictional, practical and economic challenges for courts.<\/p>\n\n\n\n