![handle is hein.journals/cstlr16 and id is 1 raw text is:
FRANVD ROALTIESIVSEP ARBITRATION
THE COLUMBIA
SCIENCE & TECHNOLOGY
LAW REVIEW
VOL. XVI STLR.ORG FALL 2014
ARTICLE
LIFTING CONFIDENTIALITY OF FRAND ROYALTIES IN SEP
ARBITRATION
Yoonhee Kim
No patent dispute in recent years draws more attention than the
Smartphone Wars. At the center stage of the Smartphone Wars is the 'fair,
reasonable, and non-discriminatory (FRAND) commitment to license
standard-essential patents (SEPs). Later added to the stage is the new form of
SEP enforcement targeting small businesses and end-users. As a result, the
efficacy of FRAND commitments comes under criticism from the antitrust
enforcement agency, leading scholars, and the President of the United States.
With a view to breathing lfe into the meaning of FRAND, this
Article explores arguments against confidentiality of FRAND royalties in SEP
arbitration, primarily focusing on an analogy to section 294 of the Patent Act.
Section 294 may provide an adequate platform for this discussion because it
already lfted confidentiality ofpatent validity and infringement in the interest of
the public and competition. Similarly, lfting confidentiality of FRAND
royalties in SEP arbitration could be an effective measure to tackle unfair
competition and deceptive business practices and to empower the public in the
Smartphone Wars and in the face of SEP enforcement.
t This article may be cited as http://www.stlr.org/cite.cgi?volume=16&
article=1. This work is made available under the Creative Commons
Attribution-Non-Commercial-No Derivative Works 3.0 License.
* J.D., magna cum laude, American University Washington College of
Law, 2014; B.S., Chemical Engineering, 2005, Seoul National University; Korean
patent attorney, 2005-Present. I would like to thank Professors Jorge Contreras
and Raymond Bender for their helpful comments and guidance on developing
the arguments of this Article. Thanks also to Andrew Riley for his feedback on
the development of ITC public interest jurisprudence. Many thanks to the
editors and staff of The Columbia Science & Technology Law Review for their
hard work in editing this piece and constructive criticism. Finally, I am deeply
grateful to my wife Miyoung Park for her love and support.
2 01 4 ]
1](ViewImageLocal?handle=hein.journals/cstlr16&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most