Tag: Patents
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’...
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?
A flurry of cases over the summer of 2020 from appellate courts in the United States, Germany, and the United Kingdom significantly advanced and...
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...
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...
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...
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...
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...
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
This paper recalls the EU antitrust provisions relating to patent pools and standard setting, the conclusions of an expert group tasked with the question...
