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 and economists are scrutinizing these with “vigor, fascination, and (sometimes) an admirable level of obsession.”

So do SEPs (and their relatives) warrant special antitrust consideration? How should antitrust laws address concerns inherent in the defensive use of SEPs – especially regarding the tricky issue of injunctive relief? And what about those patents that are still FRAND-encumbered but not SEPs? Or how about patent enforcement that has been outsourced? And are some agencies getting carried away? Finally, how did Miley Cyrus get into the conversation? We look at all those questions.

And does any conclusion stand out? One strong one – if you’re involved in antitrust today, this is a field you really need to understand. And reading these papers will move you a long way down that road.

The Murky Intersection of Antitrust & Standard Setting

Sean Gates, Oct 15, 2013

Standard-Essential Patents and Antitrust: Of Fighting Ships and Frankenstein Monsters

The time may have thus come to talk of other things, such as outsourcing patent enforcement by operating companies to patent assertion entities. Sean P. Gates (Morrison & Foerster LLP)

John Harkrider, Oct 15, 2013

REPs Not SEPs: A Reasonable and Non-Discriminatory Approach to Licensing Commitments


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