Challenge Restraints And The Scope Of The Patent

Challenge Restraints And The Scope Of The Patent

By Erik Hovenkamp – Challenge restraints are used within a variety of different patent agreements – ranging from ordinary licensing deals to “reverse settlements” – with varying competitive effects.However, the courts have failed to recognize challenge restraints as a distinct antitrust issue. This brief article explains why they ought to be viewed as such. The analysis […]

Innovation Under Threat? An Assessment of the Evidence for Patent Holdup and Royalty Stacking in SEP-Intensive, IT Industries

Innovation Under Threat? An Assessment of the Evidence for Patent Holdup and Royalty Stacking in SEP-Intensive, IT Industries

By Alexander Galetovic & Stephen Haber – Many authors argue that innovation in IT is under threat.For many years Patent Holdup Theory has influenced antitrust thinking and action in SEP-intensive industries. While the theory predicts market failure, SEP-intensive industries have thrived and consumers have benefited from better products at lower prices. Is Patent Holdup a […]

“Excessive Royalty” Prohibitions and the Dangers of Punishing Vigorous Competition and Harming Incentives to Innovate

“Excessive Royalty” Prohibitions and the Dangers of Punishing Vigorous Competition and Harming Incentives to Innovate

By Douglas H. Ginsburg, Bruce H. Kobayashi, Koren W. Wong-Ervin, and Joshua D. Wright This article discusses the dangers of regulating royalties, including the difficult — if not impossible — task of determining whether a particular royalty is “excessive,” and suggest that agencies not apply to IPRs, including SEPs, their laws prohibiting excessive pricing. Should […]

Solving the Wrong Problem The Preliminary Report on the EC Pharmaceutical Sector Inquiry: What Have We Really Learned?

This article is part of a Chronicle. See more from this Chronicle Kent Bernard, Feb 23, 2009 You could posit several fairly obvious reasons for the perceived lack of new innovative drugs in the European Union: Low reimbursement levels for innovative medicines and insistent tolerance for diversion/parallel would certainly be on the list. And reference […]

APR-12(2)

The intersection of antitrust and technology licensing and transfer has become wildly confusing and complex. Just look at all the acronyms: FRAND, RAND, SEP, SSO, TTBER, IPR, ETSI; or look at some of the other nomenclature – trolls, sticky patents, patent wars, holdups, patent thickets. And the number of lawsuits and regulatory actions is ever-increasing. […]

CPI(9)2

In our Autumn 2013 Journal, we present a Symposium on Antitrust and Intellectual Property, explore Current Cases in Anglo/Lafarge and feature this edition’s Classic, Appropriating the Returns from INdustrial Research and Development. Click here to order a physical copy of our Autumn 2013 Journal. Letter from the Editor Dec 20, 2013 Letter from the Editor […]

Considering Whether Ex Ante Joint Negotiations within Standard Setting Are “Reasonably Necessary”

This article is part of a Chronicle. See more from this Chronicle Anne Layne-Farrar, May 06, 2008 In the ongoing debate over intellectual property (IP) within standard setting, the issue of patent holdup has loomed large. Under holdup, a firm that has a patented technology which is included in a standard can use the fact […]

May-08(1)

In this issue: The CFI’s Judgment in Deutsche Telekom   Peter Alexiadis, May 12, 2008 ”Informative and Interesting”*: The CFI Rules in Deutsche Telekom v. European Commission The Deutsche Telekom case is notable insofar as it finally brings legal certainty to a complex area of practice where law and economics collide, and which is a […]

Reverse Payments After Actavis

John Bigelow, Sep 30, 2013 Thirteen years ago-in 2000-the Federal Trade Commission (“FTC”) and private plaintiffs began fighting certain kinds of settlements that sometimes arise in litigation over patents for pharmaceutical products. Initially dubbed “Reverse Payment” settlements and later “Pay for Delay” settlements by their critics, the challenged settlements come about when the manufacturer of […]

The Evolution of U.S. Antitrust Agencies’ Approach to Standards and Standard Essential Patents: From Enforcement to Advocacy

This article is part of a Chronicle. See more from this Chronicle James Rill, Sep 16, 2015 The focus of this article is on what has become a powerful, if somewhat controversial, exercise of advocacy by the U.S. antitrust enforcement agencies: the employment of pressure and advocacy to encourage a result that some claim is […]