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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...
5G FRAND Licensing and EU Competition Law: Analytical Rigor and Persistent Myths

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 of FRAND

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...
SEP Licensing After Two Decades of Legal Wrangling: Some Issues Solved Many Still to Address

SEP Licensing After Two Decades of Legal Wrangling: Some Issues Solved,...

This paper explores where we stand after two decades of European Commission investigations, substantial patent litigation in national courts, and a major judgement of...
SEP Licensing for the Internet of Things – Challenges for Patent Owners and Implementers

SEP Licensing for the Internet of Things – Challenges for Patent...

Licensing standard essential patents (“SEPs”) for the Internet of Things (“IoT”) will create novel challenges for parties involved in both standardization and the licensing...
The Possible Benefits of Pool Licensing for the Internet of Things and the Perils of Proposed Regulatory Interventions

The Possible Benefits of Pool Licensing for the Internet of Things,...

The fourth panel discussion at the LeadershIP EU Roundtable was dedicated to the pros and cons of patent pools for Standard Essential Patents (“SEP”)....
Did FTC v. Qualcomm Create an Antitrust Duty to License SEPs?

Did FTC v. Qualcomm Create an Antitrust Duty to License SEPs?

In May 2019, Judge Lucy H. Koh of the U.S. District Court for the Northern District of California issued a decision in FTC v....
Antitrust Enforcement and Litigation in The Semiconductor Industry in China (Patterns and Updates)

Antitrust Enforcement and Litigation in The Semiconductor Industry in China (Patterns...

By Wei Huang & Bei Yin Antitrust enforcement in the semiconductor industry in China has focused mainly on merger control, rather than antitrust enforcement. Of...
The Science of China’s Frand Rate-Setting

The Science of China’s Frand Rate-Setting

By He Jing In recent years China’s courts and antitrust authorities have increasingly played significant roles in setting FRAND rates for the wireless communication industry....
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