Tag: FRAND
National FRAND Rate-Setting Legislation: A Cure for International Jurisdictional Competition in...
The willingness of national courts to set global FRAND royalty rates for patents that are essential to key industry standards has led to international...
Continental v. Avanci: The Fifth Circuit Confirms the Fallacy of “Compulsory...
In its February and June 2022 Continental v. Avanci decisions, the Court of Appeals for the Fifth Circuit affirmed, and then reaffirmed, dismissal of...
Patent Holdout Explains why Patent Holdup is Still on the Table:...
The evidence reported in two empirical papers co-authored by the late Professor Galetovic, showing that all observable implications of the patent holdup theory are...
An Overview of Recent FRAND Remedies in China
By Yong Bai, Dayu Man, & Michael Yan1
Introduction
A great deal has been written about the meaning and effect of the "fair, reasonable, and...
The Past and Future of SEP Antitrust in China
Chinese antitrust laws remain an effective legal weapon against SEP abuses. Unlike in the U.S. and E.U. where antitrust laws are fading away at...
Development of Adjudicating Global FRAND Rate in China: A review of...
In recent ten years, the Chinese courts have heard a series of SEP cases and are becoming more deeply involved in the international SEP...
All FRANDS On Deck: Asserting Jurisdiction Over Global SEP Disputes in...
By: Zhan Hao, Song Ying, Hannibal El Mohtar & Yang Yuhui (China Law Vision)
Standard-Essential Patents (“SEPs”) are patents which protect technology essential to compatibility with technical industry standards.
To avoid...
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...
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...
In the last couple of years, the United States Department of Justice (“DOJ”) and several European countries have reversed previous interventionist decisions and limited...
