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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...

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...
On the Practical Irrelevance and Theoretical Inadequacy of the Royalty-Stacking Benchmark in Standard-Essential Patent Negotiations

On the Practical Irrelevance and Theoretical Inadequacy of the Royalty-Stacking Benchmark...

By Gerard Llobet & Jorge Padilla - Royalty stacking is the focus of this article. The licensing of SEPs has become a controversial issue. Some...
Exploiting Others’ Investments in Open Standards

Exploiting Others’ Investments in Open Standards

This article is concerned with “unilateral” de facto standards that arise from later entrants adopting products or technologies employed by an established player. Unilateral...
FRAND and the Smallest Saleable Unit

FRAND and the Smallest Saleable Unit

By Joseph Kattan, Janusz Ordover & Allan Shampine - This article discusses the intersection between the SSU rule and FRAND requirements. The FRAND concept intersects...

Huawei v ZTE – No More Need to Look at the...

This article is part of a Chronicle. See more from this Chronicle James Killick, Stratigoula Sakellariou, Oct 27, 2015 Industry standards are crucial for economic development—they...

Oct-13(1)

This issue, compiled with Danny Sokol's guidance, dives into the very murky waters of patents and acronyms—SEPs, FRANDs, non-SEPs among others. As one of...

What a Difference a Year Makes: An Emerging Consensus on the...

Jonathan Kanter, Oct 15, 2013 These days, it is difficult to identify an antitrust issue that is generating more discussion than standard-essential patents. To some,...

Huawei: Establishing the Legal Standard for a FRAND Defense as a...

This article is part of a Chronicle. See more from this Chronicle Miguel Rato, Collette Rawnsley, Mark English, Oct 27, 2015 On July 16, 2015, the...

Huaweï v ZTE: Judicial Conservatism at the Patent-Antitrust Intersection

This article is part of a Chronicle. See more from this Chronicle Nicolas Petit, Oct 27, 2015 At its core, the preliminary ruling of the Court...

The ECJ Huawei–ZTE Decision: En Route to Ending Hold-Out?

This article is part of a Chronicle. See more from this Chronicle Dina Kallay, Oct 27, 2015 On July 16 2015, the European Court of Justice...
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