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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...
Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes

Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent...

In the last couple of years, the United States Department of Justice (“DOJ”) and several European countries have reversed previous interventionist decisions and limited...
The New Madison Approach: Keeping Antitrust in Its Lane

The New Madison Approach: Keeping Antitrust in Its Lane

In 2018 Assistant Attorney General Makan Delrahim proclaimed the New Madison Approach (“NMA”) to the interface between antitrust and intellectual property. He specifically addressed...
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”)...
Standards, Patents and Transparency

Standards, Patents and Transparency

By Dr. Kirti Gupta & Fabian Gonell*   In recent years, the widespread success enjoyed by some technology standards, especially wireless cellular standards, have led policy...
SEP Expert Group Report A Look Into the IoT Future of SEP Licensing

SEP Expert Group Report: A Look Into the IoT Future of...

By Igor Nikolic* & Niccolò Galli†   The EU Institutions have been interested in improving the predictability, reliability and transparency of the standard-essential patent (“SEP”) licensing...
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...
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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