Standards have become the Rosetta
Stone for information exchange

"Standards have become the foundation for information exchange, communications and entertainment," writes Jorge L. Contreras in the introduction from the ABA Standards Development Patent Policy Manual. "… In the past decade or so, however, the growth and the demand for information and communications technology around the globe have fueled the proliferation of critical market-driven standards developed by numerous consortia and special interest groups," continued Contreras.  Indeed, earlier this month Microsoft attempted to secure as an international standard its software, Office Open XML.  

"Navigating the Standards Maze:  What Companies Need to Know about Technical Standards" was the topic of a recent CLE that explored a hypothetical situation of standards development, patenting, license and disclosure.  Contreras, a partner in WilmerHale's Corporate Department in Washington, D.C., introduced the hypothetical situation and the panel of experts who delved into questions about the theoretical business enterprise.  Joining him were Marc (Sandy) Block, staff counsel at IBM Corp.; Michele Herman, of Woodcock Washburn in Seattle; and Gil Ohana, counsel in the Antitrust and Competition Department at WilmerHale.

The question put to the panel was, “Should Enterprise Enterprises continue to develop Kirk to Enterprise in stealth mode, or should it make overtures to Klington Korp. and Vulncan Ventures to develop common standards relating to subspace communications?”  

Block outlined three possible futures relating to patent dominance, market share and de facto or proprietary standards that a company may review in deciding whether to approach other companies or to develop technologies alone.  Both Ohana and Herman talked about antitrust concerns in speaking to the question of whether to exclude certain parties in a standards development group.   Herman reiterated the business theme that Block and Ohana touched on earlier in reaching a decision about how to move ahead with standards.  She also raised a question of technical or intellectual property expertise being a consideration.

If several companies are working together, who actually owns the standard, asked Contreras.  Can anyone patent that standard?  Further, the panelists discussed patent policy and its implications as to how it relates to affiliates and future actions of a company in approaching standards and collaboration.

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