Original Sin

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John Harkrider, Mar 31, 2015

While SEPs could be a potential predator in the hands of a firm that wants to raise the costs of its rivals, the Administration’s intervention on SEP enforcement, while doing nothing with respect to non-SEPs, can have three unintended consequences:

1. Because cross-licenses are determined on a portfolio-wide basis, with SEPs being used to offset royalty demands on non-SEPs within the counterparty’s p