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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 UK’s Role as a Venue for FRAND Litigation: Have the UK Courts Gone Far Enough?

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...
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...
The DOJ 2020 Business Review Letter to IEEE: Balance Restored

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...
How and Why Almost Every Competition Regulator Was Wrong About Standard-Essential Patents

How and Why Almost Every Competition Regulator Was Wrong About Standard-Essential...

Since approximately the mid-2000s, competition regulators have largely adhered to a consensus according to which standard-essential patents pose an inherently high risk...
The New Landscape in FRAND Litigation

The New Landscape in FRAND Litigation

2020 marked a turning point in global FRAND litigation: three judgments by the Federal Court of Justice (Bundesgerichtshof – “BGH”) of Germany,...
Merger

SEP Licensing In Supply Chains: ECJ Gets Opportunity For a Major...

By: Lars Mesenbrink, Julius Schradin & Jay Jurata SEP licensing in supply chains: ECJ gets opportunity for a major trend-setting decision
Antitrust Chronicle FTC v. Qualcomm: The Sky Is NOT Falling

FTC v. Qualcomm: The Sky Is NOT Falling

Judges can be too demanding of plaintiffs and thereby stymie meritorious cases, but that is not what happened in FTC v. Qualcomm....
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...

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