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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...
Non-Discrimination FRAND’s Last Stand?

Non-Discrimination – FRAND’s Last Stand?

Compliance with FRAND commitments by holders of standard-essential patents has largely focused on the “fair and reasonable” component of the commitment. This essay explores...
The UK’s Role as a Venue for FRAND Litigation: Have the UK Courts Gone Far Enough?

The UK’s Role as a Venue for FRAND Litigation: Have the...

The licensing of SEPs for cellular mobile technology is a global matter — standards, technologies, and the scope of many licensees’ operations are global...
Parallels and Diverging Approaches in the UK and German Supreme Courts’ Decisions on FRAND

Parallels and Diverging Approaches in the UK and German Supreme Courts’...

In this paper, I discuss the German Federal Court of Justice’s decision in Sisvel v. Haier and the UK Supreme Court decision in Unwired...
What’s Next for FRAND?

What’s Next for FRAND?

A flurry of cases over the summer of 2020 from appellate courts in the United States, Germany, and the United Kingdom significantly advanced and...
The New Landscape in FRAND Litigation

The New Landscape in FRAND Litigation

2020 marked a turning point in global FRAND litigation: three judgments by the Federal Court of Justice (Bundesgerichtshof – “BGH”) of Germany, the Supreme...
Huawei/ZTE

The FRAND Defense Up To Huawei/ZTE

By Niccolò Galli (Max-Planck Institute for Innovation and Competition) On July 2015, the Court of Justice of the European Union (CJEU) rendered its preliminary ruling...
Antitrust Chronicle FTC v. Qualcomm: The Sky Is NOT Falling

FTC v. Qualcomm: The Sky Is NOT Falling

Judges can be too demanding of plaintiffs and thereby stymie meritorious cases, but that is not what happened in FTC v. Qualcomm. The FTC...
IP/Intellectual Property

DOJ Reaffirms Borders on Antitrust-IP Intersection

By James F. Rill, John M. Taladay & Stacy L. Turner (Baker Botts)*   The Antitrust Division has taken definitive steps in the past several years...
Intellectual Property

Comparable Agreements and the “Top-Down” Approach to FRAND Royalties Determination

By Haris Tsilikas, LLM (Max Planck Institute)1   I. Introduction The development of innovative standards hinges on a vibrant ecosystem of standardization inducing private investment by allowing...

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