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October 29, 2018
Dave Kappos and Miling Harrington Author Article for the Columbia Science and Technology Law Review on Compatibility of Standards Setting Models

Cravath partner David J. Kappos and associate Miling Y. Harrington authored an article entitled “The Truth About OSS‑FRAND: By All Indications, Compatible Models in Standards Settings,” which was published by the Columbia Science and Technology Law Review on October 15, 2018. The article discusses the role that both open source software (“OSS”) and standard essential patents (“SEPs”) have played in supporting recent technological innovation, and makes the case that OSS is compatible with policies of standard development organizations including fair, reasonable and non‑discriminatory licensing.