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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...
7- The Past and Future of SEP Antitrust in China By Alexandra (Pu) Yang & Fan Guo

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...
8- Development of Adjudicating Global FRAND Rate in China: A review of OPPO v. Sharp By Guanbin XIE, Shan JIAO & Qing YING

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...
Law

Bausch & Lomb, Glaxo Unit Face Medical Antitrust Suit

Pharmavite, which markets Nature Made nutritional supplements, brought federal antitrust claims in Los Angeles against Bausch & Lomb and a GlaxoSmithKline Plc subsidiary, claiming they’re using...
The New Madison Approach to Antitrust and Patent Licensing: A Property Rights and Innovation Perspective

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...
Why the New Administration Should Bury the New Madison Approach

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:...
Applying Section 2 to Frand Violations: “It’s Elementary My Dear Watson”

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”)...
Putting Together a Competitive Puzzle: How to Understand and Assemble the Pieces of the New Madison Approach

Putting Together a Competitive Puzzle: How to Understand and Assemble the...

The New Madison Approach, championed by former Assistant Attorney General Makan Delrahim, sets forth a framework for understanding how antitrust law, patent law, and...
“Not” Madison Jorge L. Contreras

“Not” Madison

This essay challenges the claim that President James Madison, the namesake of the Trump Administration’s “New Madison” Approach to Antitrust and Intellectual Property Law,...
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