Paper Trail: Working Papers and Recent Scholarship.

One of the most commonly discussed antitrust concerns stemming from the standard-setting process is that patent-holders may be able to exploit the cooperative standard-setting process to extract excessive patent royalties from standards implementers. Theantitrustsource www .antitrustsour ce.com April 2021 1 Paper Trail: Working Papers and Recent Scholarship Editor's Note: In this edition, Antitrust Source editor and economist Allan Shampine of Compass Lexecon reviews a working paper, in which the authors present intriguing evidence suggesting that continuations are used opportunistically at the USPTO to, in the authors' words, "invent patents" that are infringed by already-published standards. SEP filings are much more likely to be continuations than non-SEP filings, and a majority of SEP filings are made after the relevant standard is finalized. [Extracted from the article]