Tag: FRAND
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...
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
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”
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”)...
