Extra-Jurisdictional Remedies Involving Patent Licensing

By Koren Wong-Ervin, Bruce H. Kobayashi, Douglas H. Ginsburg & Joshua D. Wright – 
This article discusses the various approaches taken by competition agencies thus far on extra-jurisdictional remedies, as exemplified by four recent decisions: one by the FTC against Google/MMI; two by DG Comp against Motorola and Samsung, respectively; and one by China’s NDRC against Qualcomm. The latter three limit remedies to the patent holder’s domestic practices in the licensing of their domestic patents, illustrating remedies that are consistent with principles of international comity.

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