3-BIG DATA, LITTLE CHANCE OF SUCCESS: WHY PRECEDENT DOESN’T SUPPORT ANTI-DATA THEORIES OF HARM By Kristen O’Shaughnessy, D. Daniel Sokol, Jaclyn Phillips & Nathan Swire

Big Data, Little Chance of Success: Why Precedent Does not Support...

As the digital economy has matured, “Big Data”— extremely large datasets that require sophisticated tools to analyze — has enabled extraordinary innovation, creating a...
4-FRIENDLY FIRE: HOW THE BIDEN ADMINISTRATION’S INNOVATION POLICY IS UNDERMINING U.S. NATIONAL SECURITY By Kristen Osenga

Friendly Fire: How the Biden Administration’s Innovation Policy is Undermining U.S....

Although the United States has long been a leader in innovation and an active participant in standards development activities, recent policy developments may discourage...
5-A WIDER-APERTURE LENS FOR COMPETITION POLICY: ANTITRUST IN THE CONTEXT OF SYSTEMIC COMPETITION FROM CHINA By David J. Teece

A Wider-Aperture Lens for Competition Policy: Antitrust in the Context of...

The growth of China and President Xi’s policies have transformed the global economy in ways that competition policy and business strategies have yet to...
6-NATIONAL FRAND RATE-SETTING LEGISLATION: A CURE FOR INTERNATIONAL JURISDICTIONAL COMPETITION IN STANDARDS-ESSENTIAL PATENT LITIGATION? By Jorge L. Contreras

National FRAND Rate-Setting Legislation: A Cure for International Jurisdictional Competition in...

The willingness of national courts to set global FRAND royalty rates for patents that are essential to key industry standards has led to international...
7-CONTINENTAL v. AVANCI: THE FIFTH CIRCUIT CONFIRMS THE FALLACY OF “COMPULSORY LICENSE-TO-ALL” By Dina Kallay

Continental v. Avanci: The Fifth Circuit Confirms the Fallacy of “Compulsory...

In its February and June 2022 Continental v. Avanci decisions, the Court of Appeals for the Fifth Circuit affirmed, and then reaffirmed, dismissal of...
8-PATENT HOLDOUT EXPLAINS WHY PATENT HOLDUP IS STILL ON THE TABLE: IN MEMORIAM OF ALEXANDER GALETOVIC By Jorge Padilla

Patent Holdout Explains why Patent Holdup is Still on the Table:...

The evidence reported in two empirical papers co-authored by the late Professor Galetovic, showing that all observable implications of the patent holdup theory are...
Injunctions Facilitate Patent Licensing Deals: Evidence from the Automotive Sector

Injunctions Facilitate Patent Licensing Deals: Evidence from the Automotive Sector

By Igor Nikolic*   Since the automotive sector chose to incorporate cellular standards (2G to 5G) in its vehicles, there have been tensions between car...
The Proposal for Licensee Negotiations Groups (LNGs) in SEP

The Proposal for Licensee Negotiations Groups (LNGs) in SEP – An...

By Elisabeth Opie, LLM GAICD1 & Haris Tsilikas, LLM2   I. Introduction International standards and Standards Development Organizations (“SDOs”) have attracted the attention of policymakers worldwide...
China Law

An Overview of Recent FRAND Remedies in China

By Yong Bai, Dayu Man, & Michael Yan1   Introduction A great deal has been written about the meaning and effect of the "fair, reasonable, and...
7- The Past and Future of SEP Antitrust in China By Alexandra (Pu) Yang & Fan Guo

The Past and Future of SEP Antitrust in China

Chinese antitrust laws remain an effective legal weapon against SEP abuses. Unlike in the U.S. and E.U. where antitrust laws are fading away at...
Enable Notifications    OK No thanks