Game Theory Analysis Of SEP Injunction Application And Information Disclosure

Game Theory Analysis Of SEP Injunction Application And Information Disclosure

By Judge Wenlian Ding – There is no doubt that the license fee of Standard Essential Patents (“SEPs”) can be priced by a judge’s ruling. On the one hand, such price determined by a judge’s ruling is difficult to be as accurate and fair as market pricing, while on the other hand, pricing based on the […]

CPI Talks: Seminar – The role of Antitrust in licensing disputes in ICT sector, Singapore – April 2016.

CPI Talks: Seminar – The role of Antitrust in licensing disputes in ICT sector, Singapore – April 2016.

Transcript of our seminar “The Role of Antitrust in Licensing Disputes in the ICT Sector” – In this transcript our readers will find an enriching debate among our four outstanding speakers, David Evans, Christopher Yoo, Dina Kallay and Judge Douglas Ginsburg, on topics such as hold up and hold out, the role of SSO and […]

FRAND Licensing In Theory And In Practice: Proposal For A Common Framework

FRAND Licensing In Theory And In Practice: Proposal For A Common Framework

By Justus A. Baron, Chryssoula Pentheroudakis & Nikolaus Thumm – This article addresses how FRAND licensing terms have been determined in theory and practice in multiple jurisdictions worldwide. In the study referred in this article, the authors review the evolving case law on FRAND from both a legal and economic perspective, and perform a comparative […]

FRAND Arbitration: The Determination of Fair, Reasonable and Non-Discriminatory Rates for SEPs by Arbitral Tribunals

FRAND Arbitration: The Determination of Fair, Reasonable and Non-Discriminatory Rates for SEPs by Arbitral Tribunals

By Damien Geradin – This paper addresses an important policy question, which is whether SEP-related disputes should be subject to mandatory arbitration (as a requirement imposed by SSOs) or whether arbitration should remain one of the possible options open to the parties to settle such disputes. Parties should be free to opt for arbitration, as […]

Antitrust Policy toward Technology Standards

Antitrust Policy toward Technology Standards

By Daniel F. Spulber – This article argues that there is not a conflict between antitrust and technology standards. A better understanding of the economic role of technology standards suggests that standard setting increases competition in product markets and markets for inventions. SSOs and technology standards are vital for entrepreneurs seeking to apply new technologies […]

Considering Whether Ex Ante Joint Negotiations within Standard Setting Are “Reasonably Necessary”

This article is part of a Chronicle. See more from this Chronicle Anne Layne-Farrar, May 06, 2008 In the ongoing debate over intellectual property (IP) within standard setting, the issue of patent holdup has loomed large. Under holdup, a firm that has a patented technology which is included in a standard can use the fact […]

The Troubling Use of Antitrust to Regulate FRAND Licensing

This article is part of a Chronicle. See more from this Chronicle Douglas Ginsburg, Koren Wong-Ervin, Joshua Wright, Oct 14, 2015 In the last year, we have seen a growing—and troubling—trend as courts and competition agencies around the globe propose and impose antitrust sanctions on holders of standard-essential patents for seeking injunctive relief against alleged […]

Apples and Oranges: Comparing Assertions of SEPs and Differentiating Patents from an Antitrust Perspective

This article is part of a Chronicle. See more from this Chronicle Jay Jurata, Adya Baker, Mar 31, 2015 Intellectual property and antitrust laws share a common goal of fostering innovation while protecting competition. In the United States, the Patent Act bestows on the patent holder the right to exclude others from making, using, selling, or […]

The 2015 DOJ IEEE Business Review Letter: The Triumph of Industrial Policy Preferences Over Law and Evidence

This article is part of a Chronicle. See more from this Chronicle Roy Hoffinger, Mar 31, 2015 The IEEE BRL is deeply flawed and even disturbing. Tellingly, the IEEE BRL says little or nothing about the policies reflected in patent law, decades of settled antitrust law applicable to coordinated action on buyer prices, BRLs issued […]

Original Sin

This article is part of a Chronicle. See more from this Chronicle John Harkrider, Mar 31, 2015 While SEPs could be a potential predator in the hands of a firm that wants to raise the costs of its rivals, the Administration’s intervention on SEP enforcement, while doing nothing with respect to non-SEPs, can have three […]

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