Tag: Patents
Continental v. Avanci: The Fifth Circuit Confirms the Fallacy of “Compulsory...
In its February and June 2022 Continental v. Avanci decisions, the Court of Appeals for the Fifth Circuit affirmed, and then reaffirmed, dismissal of...
Patent Holdout Explains why Patent Holdup is Still on the Table:...
The evidence reported in two empirical papers co-authored by the late Professor Galetovic, showing that all observable implications of the patent holdup theory are...
The Proposal for Licensee Negotiations Groups (LNGs) in SEP – An...
By Elisabeth Opie, LLM GAICD1 & Haris Tsilikas, LLM2
I. Introduction
International standards and Standards Development Organizations (“SDOs”) have attracted the attention of policymakers worldwide...
An Overview of Recent FRAND Remedies in China
By Yong Bai, Dayu Man, & Michael Yan1
Introduction
A great deal has been written about the meaning and effect of the "fair, reasonable, and...
The Past and Future of SEP Antitrust in China
Chinese antitrust laws remain an effective legal weapon against SEP abuses. Unlike in the U.S. and E.U. where antitrust laws are fading away at...
Development of Adjudicating Global FRAND Rate in China: A review of...
In recent ten years, the Chinese courts have heard a series of SEP cases and are becoming more deeply involved in the international SEP...
Bausch & Lomb, Glaxo Unit Face Medical Antitrust Suit
Pharmavite, which markets Nature Made nutritional supplements, brought federal antitrust claims in Los Angeles against Bausch & Lomb and a GlaxoSmithKline Plc subsidiary, claiming they’re using...
The New Madison Approach to Antitrust and Patent Licensing: A Property...
In 2018, Assistant Attorney General for Antitrust Makan Delrahim proposed a legal framework that rejects antitrust as a tool to resolve patent licensing disputes...
Why the New Administration Should Bury the New Madison Approach
The “New Madison” approach sounds so promising. Old but new. Updating the classics for the modern era. What could be bad? In a word:...
Applying Section 2 to Frand Violations: “It’s Elementary, My Dear Watson”
Many well-reasoned cases have concluded that a holder of standard-essential patents (“SEPs”) subject to a commitment to license on fair, reasonable, and nondiscriminatory (“FRAND”)...
