January 2019 FTC v. Qualcomm: Trial and Possible Implications By Jay Jurata (Orrick Herrington & Sutcliffe)1 Click here for a PDF version of the article Nearly two years after the Federal Trade Commission (“FTC”) brought its unfair competition case against Qualcomm, the case has proceeded to trial. Despite the ongoing partial shutdown of government […]
Posted by Social Science Research Network The Federal Trade Commission’s Hearings on Competition and Consumer Protection in the 21st Century, Innovation and Intellectual Property Policy, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University By Tad Lipsky, Joshua D. Wright, Douglas H. Ginsburg & John M. Yun (George Mason University) This […]
Delrahim, head of the DOJs antitrust division said in a speech yesterday, that violating a promise to license on fair, reasonable and nondiscriminatory terms can be considered exclusionary conduct under antitrust law only if the behaviour makes no economic sense for the breaching party. Speaking at IAM’s Patent Licensing Conference in San Francisco, Delrahim said he […]
Posted by Social Science Research Network Taking it to the Limit: Shifting US Antitrust Policy Toward Standards Development By Jorge L. Contreras In November 2017, US Assistant Attorney General Makan Delrahim, chief of the Department of Justice (DOJ) Antitrust Division, gave a speech at University of Southern California provocatively entitled “Take it to the Limit: Respecting […]
Posted by Social Science Research Network Judge Douglas Ginsburg Interviews Makan Delrahim on Intellectual Property and Antitrust By Douglas H. Ginsburg Makan Delrahim, the Assistant Attorney General for Antitrust at the US Department of Justice (DOJ), delivered the keynote address at the LeadershIP Conference on IP, Antitrust, and Innovation Policy, which was co-sponsored by Competition […]
By Shervin Pishevar Given the recent focus on self-driving cars, it is only a matter of time before the industry begins to consider setting technical interoperability standards for such cars. The automated vehicle industry will need a mechanism to allow these cars to drive side-by-side with both autonomous and human-operated cars, communicate with each other, […]
The Federal Trade Commission (FTC) and a putative class of cellphone purchasers asked a California federal court to request help from the Finnish government in securing documents from Nokia in parallel litigations over Qualcomm’s patent licensing practices, a day after Qualcomm made a similar request for its defense. According to Law360 on Monday, November 6, […]
Posted by Social Science Research Network Tying, Exclusivity, and Standard-Essential Patents By Erik Hovenkamp (Harvard Law School) Abstract: When a technological standard is adopted, implementers must pay to license all “standard-essential” patents (SEPs)—those covering core features of the standard—although the particular price terms usually cannot negotiated beforehand. To allay implementers’ fear of being […]
Posted by Social Science Research Network Methodologies for Calculating FRAND Damages: An Economic and Comparative Analysis of the Case Law from China, the European Union, India, and the United States By Anne Layne-Farrar (Charles River Associates) & Koren W. Wong-Ervin (George Mason University) Abstract: In the last several years, courts around the world, including […]
Posted by Social Science Research Network Retooling the Patent-Antitrust Intersection: Insights from Behavioral Economics By Daryl Lim (The John Marshall Law School) Abstract: Behavioral economics has been embraced in finance and implemented by the government. In IP law, scholars have argued it can inform non-obviousness analyses, decipher patent damages, and develop a more nuanced […]