End of Smartphone Wars in Sight, says John Marshall Law School Professor Daryl Lim

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Few legal issues in recent years have captured the public’s attention more powerfully than patent litigation over technology standards commonly used in smartphones. Billions of dollars have been poured into the battle for global dominance, notes Professor Daryl Lim of The John Marshall Law School in Chicago.

Few legal issues in recent years have captured the public’s attention more powerfully than patent litigation over technology standards commonly used in smartphones. Billions of dollars have been poured into the battle for global dominance, notes Professor Daryl Lim of The John Marshall Law School in Chicago.

That litigation has fueled heated debate by courts, policymakers and commentators on the appropriate rules governing the rights of owners and implementers of critical technologies such as Wi-Fi and 4G LTE. Fierce debate has ensued, too, over how the law should treat “patent trolls,” nonmanufacturing companies that are sometimes known for extracting royalty settlements and licenses from manufacturers, coffee shops and hospitals.

In a recent article, “Standard Essential Patents, Trolls and the Smartphone Wars: Triangulating the End Game,” Lim predicts that that war will soon end. “The parties are battle weary and are using court rules relating to damages and injunctions to chart their way forward,” Lim said. His article offers a reasoned analysis of developments that have shaped the law and offers predictions on the end game.

The Social Science Research Network (SSRN), a key online repository for legal articles, lists Lim’s article in the top 10 downloads in multiple e-journal categories, including those for antitrust law, intellectual property (IP) law and young scholars. The SSRN downloads lists are akin to The New York Times Best Sellers list for legal literature. The article has also been featured in leading blogs in the fields of antitrust and patent law.

Lim is a graduate of Stanford Law School. At John Marshall, he teaches courses in antitrust law and intellectual property law. His work in the area of antitrust and patent law has been cited in reports commissioned by the World Intellectual Property Organization, the Canadian government as well as in the briefs of opposing parties to the U.S. Supreme Court.

His articles have appeared in four of the top eight IP law reviews in the U.S., as well as in peer-reviewed journals and books in Europe and Asia. He also serves as a peer reviewer for The Yale Law Journal. Lim’s recently published book, “Patent Misuse and Antitrust Law: Empirical, Doctrinal and Policy Perspectives,” has been highly praised.

In 2014, Professor Lim was awarded The John Marshall Law School’s Faculty Scholarly Achievement Award an honor bestowed for “significant contributions to legal scholarship.” He is one of 24 nominees from around the world being considered for a list of 10 top academics in antitrust law under the age of 40.

“Standard Essential Patents, Trolls and the Smartphone Wars: Triangulating the End Game” will be published by the Penn State Law Review and is available here.

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Christine Kraly
The John Marshall Law School
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