January 2019 FTC v. Qualcomm: Trial and Possible Implications By Jay Jurata (Orrick Herrington & Sutcliffe)1 Click here for a PDF version of the article Nearly two years after the Federal Trade Commission (“FTC”) brought its unfair competition case against Qualcomm, the case has proceeded to trial. Despite the ongoing partial shutdown of government […]
Posted by Social Science Research Network The Federal Trade Commission’s Hearings on Competition and Consumer Protection in the 21st Century, Innovation and Intellectual Property Policy, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University By Tad Lipsky, Joshua D. Wright, Douglas H. Ginsburg & John M. Yun (George Mason University) This […]
The Federal Trade Commission (FTC) pressed ahead with its challenge of Qualcomm’s licensing practices on Thursday, August 30, asking a California federal court to find that the company is required to license its standard essential patents (SEPs) to rival chipmakers. The FTC filed its motion for partial summary judgment at the US District Court for […]
Posted by Social Science Research Network Judge Douglas Ginsburg Interviews Makan Delrahim on Intellectual Property and Antitrust By Douglas H. Ginsburg Makan Delrahim, the Assistant Attorney General for Antitrust at the US Department of Justice (DOJ), delivered the keynote address at the LeadershIP Conference on IP, Antitrust, and Innovation Policy, which was co-sponsored by Competition […]
Posted by Social Science Research Network Tying, Exclusivity, and Standard-Essential Patents By Erik Hovenkamp (Harvard Law School) Abstract: When a technological standard is adopted, implementers must pay to license all “standard-essential” patents (SEPs)—those covering core features of the standard—although the particular price terms usually cannot negotiated beforehand. To allay implementers’ fear of being […]
Posted by Social Science Research Network Methodologies for Calculating FRAND Damages: An Economic and Comparative Analysis of the Case Law from China, the European Union, India, and the United States By Anne Layne-Farrar (Charles River Associates) & Koren W. Wong-Ervin (George Mason University) Abstract: In the last several years, courts around the world, including […]
Posted by Social Science Research Network Tying and Bundling Involving Standard-Essential Patents By Koren W. Wong-Ervin, Evan Hicks & Ariel Slonim (George Mason University) Abstract: Competition agencies around the world, including in Canada, China, India, Japan, Korea, and the United States (at least prior to the current administration), have taken the unwarranted […]
Posted by Social Science Research Network Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies By Koren W. Wong-Ervin (George Mason University) Abstract: Several recent antitrust investigations involving the licensing of intellectual property rights (IPR) have raised concerns about fundamental due process and the alleged use of industrial policy in […]
Qualcomm on Tuesday filed an injunction against South Korea’s Fair Trade Commission, which imposed over $873 million in fines and a corrective measure on the company, a court official confirmed. The US mobile chipmaker filed the suit with the Seoul Central District Court late Tuesday, reportedly requesting the court put a halt on implementation of […]
By Koren Wong-Ervin, Bruce H. Kobayashi, Douglas H. Ginsburg & Joshua D. Wright – This article discusses the various approaches taken by competition agencies thus far on extra-jurisdictional remedies, as exemplified by four recent decisions: one by the FTC against Google/MMI; two by DG Comp against Motorola and Samsung, respectively; and one by China’s NDRC against […]