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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...
Parallels and Diverging Approaches in the UK and German Supreme Courts’ Decisions on FRAND

Parallels and Diverging Approaches in the UK and German Supreme Courts’...

In this paper, I discuss the German Federal Court of Justice’s decision in Sisvel v. Haier and the UK Supreme Court decision in Unwired...
What’s Next for FRAND?

What’s Next for FRAND?

A flurry of cases over the summer of 2020 from appellate courts in the United States, Germany, and the United Kingdom significantly advanced and...
Huawei/ZTE

The FRAND Defense Up To Huawei/ZTE

By Niccolò Galli (Max-Planck Institute for Innovation and Competition) On July 2015, the Court of Justice of the European Union (CJEU) rendered its preliminary ruling...
IP/Intellectual Property

DOJ Reaffirms Borders on Antitrust-IP Intersection

By James F. Rill, John M. Taladay & Stacy L. Turner (Baker Botts)*   The Antitrust Division has taken definitive steps in the past several years...
Intellectual Property

Comparable Agreements and the “Top-Down” Approach to FRAND Royalties Determination

By Haris Tsilikas, LLM (Max Planck Institute)1   I. Introduction The development of innovative standards hinges on a vibrant ecosystem of standardization inducing private investment by allowing...
First of All, Do No Harm: New Directions in EU Antitrust Enforcement Regarding Pharmaceuticals

First of All, Do No Harm: New Directions in EU Antitrust...

The recent Paroxetine and CMA v. Pfizer/Flynn cases confirm the EU approach to pay-for-delay, respectively establish a workable approach to excessive pharmaceutical pricing at...
5G FRAND Licensing and EU Competition Law: Analytical Rigor and Persistent Myths

5G, FRAND Licensing, and EU Competition Law: Analytical Rigor and Persistent...

It is now undisputed that 5G and IoT will revolutionize many industries, from energy to healthcare, manufacturing, and mobility. The dissemination of 5G cellular...
IPR Policy as Strategy – The Battle to Define the Meaning of FRAND

IPR Policy as Strategy – The Battle to Define the Meaning...

The current contentions over SEP licensing in mobile telecommunications is primarily a result of the success of standardization to build a multi-trillion-dollar market. This...
Patent Pools and Other Forms of Aggregation

Patent Pools and Other Forms of Aggregation

This paper recalls the EU antitrust provisions relating to patent pools and standard setting, the conclusions of an expert group tasked with the question...
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