Standards, Patents, and Antitrust Policy: The Road Ahead

Standards, Patents, and Antitrust Policy: The Road Ahead

Standard Essential Patents (“SEPs”) have been at the center of a controversial debate for almost two decades. Recent developments have provided clarity...
The UK’s Role as a Venue for FRAND Litigation: Have the UK Courts Gone Far Enough?

The UK’s Role as a Venue for FRAND Litigation: Have the...

The licensing of SEPs for cellular mobile technology is a global matter — standards, technologies, and the scope of many licensees’ operations...
The DOJ 2020 Business Review Letter to IEEE: Balance Restored

Parallels and Diverging Approaches in the UK and German Supreme Courts’...

In this paper, I discuss the German Federal Court of Justice’s decision in Sisvel v. Haier and the UK Supreme Court decision...
How and Why Almost Every Competition Regulator Was Wrong About Standard-Essential Patents

How and Why Almost Every Competition Regulator Was Wrong About Standard-Essential...

Since approximately the mid-2000s, competition regulators have largely adhered to a consensus according to which standard-essential patents pose an inherently high risk...
Artificial Intelligence and Antitrust in a Post-Qualcomm World

Artificial Intelligence and Antitrust in a Post-Qualcomm World

The questions in FTC v. Qualcomm are consequential in setting competitive norms in an economy anxious about the exercise of market power....
The New Landscape in FRAND Litigation

The New Landscape in FRAND Litigation

2020 marked a turning point in global FRAND litigation: three judgments by the Federal Court of Justice (Bundesgerichtshof – “BGH”) of Germany,...
Antitrust Chronicle FTC v. Qualcomm: The Sky Is NOT Falling

FTC v. Qualcomm: The Sky Is NOT Falling

Judges can be too demanding of plaintiffs and thereby stymie meritorious cases, but that is not what happened in FTC v. Qualcomm....

Refusals to License Patents under Australia’s “New” Unilateral Conduct Prohibition

By Arlen Duke & Rhonda L. Smith (University of Melbourne)*   Both intellectual property (“IP”) and competition policies aim to provide an incentive for creation/innovation. However,...
IP/Intellectual Property

DOJ Reaffirms Borders on Antitrust-IP Intersection

By James F. Rill, John M. Taladay & Stacy L. Turner (Baker Botts)*   The Antitrust Division has taken definitive steps in the past several years...
Monsanto

What next for Monsanto? Exploring a Competition Theory for IP and...

By Swarnim Shrivastava (Global Antitrust Institute)1   Monsanto’s battle over licensing its technology to India’s seed manufacturers resurfaced recently when the Delhi High Court held that...

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