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Antitrust Chronicle - New Madison Revisited

Antitrust Chronicle – New Madison Revisited

Dear Readers, James Madison, the fourth U.S. president and a principal drafter of the U.S. Constitution, is credited with including Article I, Section 8, Clause...
The New Madison Approach to Antitrust and Patent Licensing: A Property Rights and Innovation Perspective

The New Madison Approach to Antitrust and Patent Licensing: A Property...

In 2018, Assistant Attorney General for Antitrust Makan Delrahim proposed a legal framework that rejects antitrust as a tool to resolve patent licensing disputes...
Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes

Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent...

In the last couple of years, the United States Department of Justice (“DOJ”) and several European countries have reversed previous interventionist decisions and limited...
Why the New Administration Should Bury the New Madison Approach

Why the New Administration Should Bury the New Madison Approach

The “New Madison” approach sounds so promising. Old but new. Updating the classics for the modern era. What could be bad? In a word:...
The New Madison Approach: Keeping Antitrust in Its Lane

The New Madison Approach: Keeping Antitrust in Its Lane

In 2018 Assistant Attorney General Makan Delrahim proclaimed the New Madison Approach (“NMA”) to the interface between antitrust and intellectual property. He specifically addressed...
Applying Section 2 to Frand Violations: “It’s Elementary My Dear Watson”

Applying Section 2 to Frand Violations: “It’s Elementary, My Dear Watson”

Many well-reasoned cases have concluded that a holder of standard-essential patents (“SEPs”) subject to a commitment to license on fair, reasonable, and nondiscriminatory (“FRAND”)...
Putting Together a Competitive Puzzle: How to Understand and Assemble the Pieces of the New Madison Approach

Putting Together a Competitive Puzzle: How to Understand and Assemble the...

The New Madison Approach, championed by former Assistant Attorney General Makan Delrahim, sets forth a framework for understanding how antitrust law, patent law, and...
“Not” Madison Jorge L. Contreras

“Not” Madison

This essay challenges the claim that President James Madison, the namesake of the Trump Administration’s “New Madison” Approach to Antitrust and Intellectual Property Law,...
Standards, Patents and Transparency

Standards, Patents and Transparency

By Dr. Kirti Gupta & Fabian Gonell*   In recent years, the widespread success enjoyed by some technology standards, especially wireless cellular standards, have led policy...
Could (China-Based) Arbitration Save the FRAND Rate Setting Game?

Could (China-Based) Arbitration Save the FRAND Rate Setting Game?

This article aims to contribute to the debate on the practical solution to the stalemate repeatedly encountered in intellectual property disputes concerning FRAND rate-setting...
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