The intersection of antitrust and technology licensing and transfer has become wildly confusing and complex. Just look at all the acronyms: FRAND, RAND, SEP, SSO, TTBER, IPR, ETSI; or look at some of the other nomenclature – trolls, sticky patents, patent wars, holdups, patent thickets. And the number of lawsuits and regulatory actions is ever-increasing. However, with the help of Paul Lugard, who suggested and shepherded this issue, and, of course, our authors, this issue will make all things clear. Enjoy!
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Technology Transfer & Licensing
Technology Licensing: Evolving Antitrust Standards in the Smartphone and Other Sectors?
Introducing the CPI Antitrust Chronicle issue on technology licensing and transfer an issue that comes at a critical time. Paul Lugard (TILEC)
Revising the Technology Transfer Guidelines
We were asked by DG Competition to provide an economic evaluation of the 2004 Technology Transfer Guidelines that would serve as an input into the formal review process initiated a few months ago. Pierre Rgibeau (CRAI & Imperial Coll.) & Katharine E. Rockett (Univ. of Essex)
Patent Wars and Technology Transfer Agreements: Should the EU Rules Change?
Perhaps the main difference of opinions between Regibeau & Rockett and us is that we consider the patent thicket to be a real problem in many technology sectors, and one which leads to excessive strategic behavior and litigation. Lorenzo Coppi & Stefano Trento (Compass-Lexecon)
DOJ Merger Statement Renews Focus on Competitive Implications of Industry Standards
The DOJ’s statement has caused some consternation, as it signals at the very least that the agency may be willing to use the merger review process to discourage a company’s lawful exercise of its intellectual property rights. Donald Falk & Christopher Kelly (Mayer Brown LLP)
Facing New Challenges at the Crossroads Between Competition and Intellectual Property in Europe: The Example of Korean Innovators
Striking the right balance in dealing with emerging issues at the intersection between competition and IPR’s can present serious challenges. Damien Geradin & Hee-Eun Kim (Covington & Burling)
A Roadmap to the Smartphone Patent Wars and FRAND Licensing
Speaking most generally, courts have tended to deny injunctions when patentees have sought to block competitors from using SEPs while being more likely to grant them when seeking injunctive relief on non-SEPs. Michael Carrier (Rutgers)
Do We Need to Get Frantic About FRAND?
Although the pro-competitive effects of standard-setting are widely acknowledged, standardization also creates risks with respect to compliance with the antitrust rules. Hein Hobbelen & Tone Oeyen (Freshfields Bruckhaus Deringer LLP)
Reasons to Reject a No Injunctions Rule for SEPs and FRAND-Obligated Patents
This no-injunction idea appears to spring from a serious misunderstanding of the nature of FRAND obligations. Hill Wellford (Bingham McCutchen)
