An interesting article on some of the legal considerations of Patents which are infringed by the W3C and W3C Patent Policy.
http://it.mycareer.com.au/breaking/2001/10/04
Update: Additional related links
W3C Patent Policy Framework
Reasonable and Non-Discriminatory (RAND)
is the license fees that could be charged for use of W3C-endorsed specifications covered by patents or other trade restrictions.