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 cast as villains for engaging in “patent hold-up,” i.e., taking advantage of the fact that they negotiate royalties with implementer-licensees that already have made sunk investments in the […]

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 for Antitrust at the US Department of Justice (DOJ), delivered the keynote address at the LeadershIP Conference on IP, Antitrust, and Innovation Policy, which was co-sponsored by Competition […]

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 revisits the antitrust treatment of unilateral conduct in Standard Essential Patent (SEP) disputes in EU, with particular focus on the landmark CJEU judgment in Huawei v ZTE and […]

Tying, Exclusivity, and Standard-Essential Patents

Posted by Social Science Research Network Tying, Exclusivity, and Standard-Essential Patents By Erik Hovenkamp (Harvard Law School) Abstract:      When a technological standard is adopted, implementers must pay to license all “standard-essential” patents (SEPs)—those covering core features of the standard—although the particular price terms usually cannot negotiated beforehand. To allay implementers’ fear of being […]

Methodologies for Calculating FRAND Damages: An Economic and Comparative Analysis of the Case Law from China, the European Union, India, and the United States

Posted by Social Science Research Network Methodologies for Calculating FRAND Damages: An Economic and Comparative Analysis of the Case Law from China, the European Union, India, and the United States By Anne Layne-Farrar (Charles River Associates) & Koren W. Wong-Ervin (George Mason University) Abstract:     In the last several years, courts around the world, including […]

Tying and Bundling Involving Standard-Essential Patents

Posted by Social Science Research Network Tying and Bundling Involving Standard-Essential Patents By Koren W. Wong-Ervin, Evan Hicks & Ariel Slonim (George Mason University) Abstract:        Competition agencies around the world, including in Canada, China, India, Japan, Korea, and the United States (at least prior to the current administration), have taken the unwarranted […]

Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies

Posted by Social Science Research Network Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies  By Koren W. Wong-Ervin (George Mason University) Abstract:     Several recent antitrust investigations involving the licensing of intellectual property rights (IPR) have raised concerns about fundamental due process and the alleged use of industrial policy in […]

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 […]

Extra-Jurisdictional Remedies Involving Patent Licensing

Extra-Jurisdictional Remedies Involving Patent Licensing

By Koren Wong-Ervin, Bruce H. Kobayashi, Douglas H. Ginsburg & Joshua D. Wright –  This article discusses the various approaches taken by competition agencies thus far on extra-jurisdictional remedies, as exemplified by four recent decisions: one by the FTC against Google/MMI; two by DG Comp against Motorola and Samsung, respectively; and one by China’s NDRC against […]

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