Tag: SEPs
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
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?
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
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...
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 of anticompetitive...
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, the Supreme...
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
In a decision of November 26, 2020...
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. The FTC...
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...
