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A Review of the Development of SEP-Related Disputes in China

A Review of the Development of SEP-Related Disputes in China and...

By Wei Huang, Fan Zhu, Bei Yin, & Xiumin Ruan*   Since the issuance of the judgment of Huawei v. InterDigital Corporation (“IDC”) in 2013, disputes...
Huawei

FRAND Royalty Base: Will Chinese Courts More Likely Accept the Component...

By Yan Wang, Da Shi, Yue Li, Shasha Zhou*   I. Introduction On June 17, 2022, Huawei announced it had entered into a patent licensing...
1-INTELLECTUAL PROPERTY AND TRANSACTIONAL CHOICE: RETHINKING THE IP/ANTITRUST DICHOTOMY By Jonathan M. Barnett

Intellectual Property and Transactional Choice: Rethinking the IP/Antitrust Dichotomy

It is common to characterize patents as monopolies.  This assumption, which underlies the standard dichotomy between intellectual property and antitrust law, is challenged by...
4-FRIENDLY FIRE: HOW THE BIDEN ADMINISTRATION’S INNOVATION POLICY IS UNDERMINING U.S. NATIONAL SECURITY By Kristen Osenga

Friendly Fire: How the Biden Administration’s Innovation Policy is Undermining U.S....

Although the United States has long been a leader in innovation and an active participant in standards development activities, recent policy developments may discourage...
5-A WIDER-APERTURE LENS FOR COMPETITION POLICY: ANTITRUST IN THE CONTEXT OF SYSTEMIC COMPETITION FROM CHINA By David J. Teece

A Wider-Aperture Lens for Competition Policy: Antitrust in the Context of...

The growth of China and President Xi’s policies have transformed the global economy in ways that competition policy and business strategies have yet to...
6-NATIONAL FRAND RATE-SETTING LEGISLATION: A CURE FOR INTERNATIONAL JURISDICTIONAL COMPETITION IN STANDARDS-ESSENTIAL PATENT LITIGATION? By Jorge L. Contreras

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...
7-CONTINENTAL v. AVANCI: THE FIFTH CIRCUIT CONFIRMS THE FALLACY OF “COMPULSORY LICENSE-TO-ALL” By Dina Kallay

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...
8-PATENT HOLDOUT EXPLAINS WHY PATENT HOLDUP IS STILL ON THE TABLE: IN MEMORIAM OF ALEXANDER GALETOVIC By Jorge Padilla

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...
The Proposal for Licensee Negotiations Groups (LNGs) in SEP

The Proposal for Licensee Negotiations Groups (LNGs) in SEP – An...

By Elisabeth Opie, LLM GAICD1 & Haris Tsilikas, LLM2   I. Introduction International standards and Standards Development Organizations (“SDOs”) have attracted the attention of policymakers worldwide...
China Law

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...
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