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Putting Together a Competitive Puzzle: How to Understand and Assemble the Pieces of the New Madison Approach

Putting Together a Competitive Puzzle: How to Understand and Assemble the...

The New Madison Approach, championed by former Assistant Attorney General Makan Delrahim, sets forth a framework for understanding how antitrust law, patent law, and...
“Not” Madison Jorge L. Contreras

“Not” Madison

This essay challenges the claim that President James Madison, the namesake of the Trump Administration’s “New Madison” Approach to Antitrust and Intellectual Property Law,...
Could (China-Based) Arbitration Save the FRAND Rate Setting Game?

Could (China-Based) Arbitration Save the FRAND Rate Setting Game?

This article aims to contribute to the debate on the practical solution to the stalemate repeatedly encountered in intellectual property disputes concerning FRAND rate-setting...
Features of Procompetitive Collaborations in the Life Sciences

Features of Procompetitive Collaborations in the Life Sciences

By Andrew C. Finch & Stefan Geirhofer1   Antitrust and patent law have complementary objectives: both are “aimed at encouraging innovation, industry and competition.”2  Abraham Lincoln...
Highlights From the 2020 LeadershIP Virtual Event

Highlights From the 2020 LeadershIP Virtual Event

Walter Copan, Makan Delrahim & Andrei Iancu On September 10, 2020, LeadershIP held an event titled Innovation Policy & the Role of Standards, IP, and...
Non-Discrimination FRAND’s Last Stand?

Non-Discrimination – FRAND’s Last Stand?

Compliance with FRAND commitments by holders of standard-essential patents has largely focused on the “fair and reasonable” component of the commitment. This essay explores...
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...
What’s Next for FRAND?

What’s Next for FRAND?

A flurry of cases over the summer of 2020 from appellate courts in the United States, Germany, and the United Kingdom significantly advanced and...
Huawei/ZTE

The FRAND Defense Up To Huawei/ZTE

By Niccolò Galli (Max-Planck Institute for Innovation and Competition) On July 2015, the Court of Justice of the European Union (CJEU) rendered its preliminary ruling...
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