It has been almost 15 years since the Dell consent decree placed firms on notice regarding their obligations to  disclose essential patents in the standard setting process. In the wake of Dell, there has been a huge surge in IPR disclosures. But it is does not seem that all of this disclosure has resolved the uncertainty surrounding IPR in standards. Since Dell, there have been controversies over: what types of IP must be disclosed, and at what stage of the standards process (Rambus); whether commitments are binding on subsequent patent owners (N-Data); and what is meant by a promise to license on Fair Reasonable and Non-Discriminatory terms (Qualcomm).
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