Jorge Contreras has posted on ssrn a draft titled Patents, Technical Standards, and Standards-Setting Organizations: A Survey of the Empirical, Legal and Economics Literature, which will be one of the chapters in a forthcoming two-part edited volume titled Research Handbook on the Economics of Intellectual Property Law (Peter Menell, David Schwartz, and Ben Depoorter, eds., Edward Elgar Publishing). Here is a link to the paper, and here is the abstract:
Despite their potential efficiency benefits, voluntary consensus standards have over the past decade become the subject of significant private litigation, regulatory enforcement and policy debate. Much of the controversy centers on the perceived proliferation of patents covering standardized technologies, potentially abusive enforcement of such patents against manufacturers and users of standardized products, and the terms on which patent holders may be required to license the use of those patents to others. This chapter offers a brief overview of the legal and economic literature concerning interoperability standards and standards-setting organizations, with a focus on empirical studies and contemporary patent and patent licensing concerns.
I may post information on other draft chapters relevant to patent remedies as they become available. (John Golden and I are working on a chapter titled Empirical Studies Relating to Patents—Remedies, which should be ready soon.) Professors Menell, Schwartz, and Depoorter held two conferences earlier this month at which contributors to the forthcoming edited volumes presented their work, and I feel very confident that IP scholars, policymakers, and practitioners will find this to be a very valuable resource. Expected publication date is sometime next year.