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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,...
Could (China-Based) Arbitration Save the FRAND Rate Setting Game?

Could (China-Based) Arbitration Save the FRAND Rate Setting Game?

This article aims to contribute to the debate on the practical solution to the stalemate repeatedly encountered in intellectual property disputes concerning FRAND rate-setting...
Features of Procompetitive Collaborations in the Life Sciences

Features of Procompetitive Collaborations in the Life Sciences

By Andrew C. Finch & Stefan Geirhofer1   Antitrust and patent law have complementary objectives: both are “aimed at encouraging innovation, industry and competition.”2  Abraham Lincoln...
Highlights From the 2020 LeadershIP Virtual Event

Highlights From the 2020 LeadershIP Virtual Event

Walter Copan, Makan Delrahim & Andrei Iancu On September 10, 2020, LeadershIP held an event titled Innovation Policy & the Role of Standards, IP, and...
Non-Discrimination FRAND’s Last Stand?

Non-Discrimination – FRAND’s Last Stand?

Compliance with FRAND commitments by holders of standard-essential patents has largely focused on the “fair and reasonable” component of the commitment. This essay explores...
Standards Patents and Antitrust Policy The Road Ahead

Standards, Patents, and Antitrust Policy: The Road Ahead

Standard Essential Patents (“SEPs”) have been at the center of a controversial debate for almost two decades. Recent developments have provided clarity on some...
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