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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 on some...
Parallels and Diverging Approaches in the UK and German Supreme Courts’ Decisions on FRAND

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 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 of anticompetitive...
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, the Supreme...
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...

A Bargaining Model v. Reality in FTC v. Qualcomm: A...

May 2019 A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris By Douglas H. Ginsburg & Joshua D. Wright...

Why Patent Hold-Up Does Not Violate Antitrust Law

Posted by Social Science Research Network Why Patent Hold-Up Does Not Violate Antitrust Law By Gregory J. Werden & Luke M. Froeb Owners of standard essential patents (SEPs) are...

Judge Douglas Ginsburg Interviews Makan Delrahim on Intellectual Property and Antitrust

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...

The Legal Framework for SEP Disputes in EU Post-Huawei: Whither Harmonization?

Posted by Social Science Research Network The Legal Framework for SEP Disputes in EU Post-Huawei: Whither Harmonization? By Nicolo Zingales (University of Sussex) Abstract:     This article...

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