A PYMNTS Company

Autumn 2013, Volume 10, Number 1

Oct-13(1)
 |  Dec 22, 2015

This issue, compiled with Danny Sokol’s guidance, dives into the very murky waters of patents and acronyms—SEPs, FRANDs, non-SEPs among others. As one of our esteemed authors notes, antitrust lawyers…

What a Difference a Year Makes: An Emerging Consensus on the Treatment of Standard-Essential Patents
 |  Dec 22, 2015

Jonathan Kanter, Oct 15, 2013 These days, it is difficult to identify an antitrust issue that is generating more discussion than standard-essential patents. To some, SEPs are to antitrust what…

Patently Obvious: Why Seeking Injunctions on Standard-Essential Patents Subject to a FRAND Commitment Can Violate Section 2 of the Sherman Act
 |  Oct 16, 2013

Greg Sivinski, Oct 15, 2013 Technical standards are a necessary exception to a competitive marketplace based upon feature differentiation, but they pose risks because of the market power they confer…

REPs Not SEPs: A Reasonable and Non-Discriminatory Approach to Licensing Commitments
 |  Oct 15, 2013

John Harkrider, Oct 15, 2013 A lot of ink has been spilled on the subject of RAND commitments in recent years. Lawyers and judges have offered opinions on the proper…

Turning the Page: The Next Chapter of Disputes Involving Standard-Essential Patents
 |  Oct 15, 2013

Jay Jurata, David Smith, Oct 15, 2013 A technology company is on the verge of introducing a cutting-edge device that builds on a widely adopted industry standard. To do so,…

The Emperor’s Clothes Laid Bare: Commitments Creating the Appearance of Law, While Denying Access to Law
 |  Oct 15, 2013

Oct 15, 2013 This article examines how the Article 9 commitments procedure under EC Regulation 1/2003 is increasingly being used to create policy under the guise of law and, in…

Standard Setting: Should There Be a Level Playing Field for All FRAND Commitments?
 |  Oct 15, 2013

Nadia Soboleva, Lawrence Wu, Oct 15, 2013 In the past few years, issues related to fair, reasonable, and non-discriminatory licensing rates for patents have garnered considerable attention. The issues most often…

Standard-Essential Patents and Antitrust: Of Fighting Ships and Frankenstein Monsters
 |  Oct 15, 2013

Sean P. Gates, Oct 15, 2013 Standard-essential patents (“SEPs”) have been at the heart of a debate about the reach of U.S. antitrust law. In recent years, the focus has…

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