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IP/Intellectual Property

DOJ Reaffirms Borders on Antitrust-IP Intersection

By James F. Rill, John M. Taladay & Stacy L. Turner (Baker Botts)*   The Antitrust Division has taken definitive steps in the past several years...
Intellectual Property

Comparable Agreements and the “Top-Down” Approach to FRAND Royalties Determination

By Haris Tsilikas, LLM (Max Planck Institute)1   I. Introduction The development of innovative standards hinges on a vibrant ecosystem of standardization inducing private investment by allowing...
First of All, Do No Harm: New Directions in EU Antitrust Enforcement Regarding Pharmaceuticals

First of All, Do No Harm: New Directions in EU Antitrust...

The recent Paroxetine and CMA v. Pfizer/Flynn cases confirm the EU approach to pay-for-delay, respectively establish a workable approach to excessive pharmaceutical pricing at...
5G FRAND Licensing and EU Competition Law: Analytical Rigor and Persistent Myths

5G, FRAND Licensing, and EU Competition Law: Analytical Rigor and Persistent...

It is now undisputed that 5G and IoT will revolutionize many industries, from energy to healthcare, manufacturing, and mobility. The dissemination of 5G cellular...
IPR Policy as Strategy – The Battle to Define the Meaning of FRAND

IPR Policy as Strategy – The Battle to Define the Meaning...

The current contentions over SEP licensing in mobile telecommunications is primarily a result of the success of standardization to build a multi-trillion-dollar market. This...
Patent Pools and Other Forms of Aggregation

Patent Pools and Other Forms of Aggregation

This paper recalls the EU antitrust provisions relating to patent pools and standard setting, the conclusions of an expert group tasked with the question...
SEP Licensing for the Internet of Things – Challenges for Patent Owners and Implementers

SEP Licensing for the Internet of Things – Challenges for Patent...

Licensing standard essential patents (“SEPs”) for the Internet of Things (“IoT”) will create novel challenges for parties involved in both standardization and the licensing...
The Possible Benefits of Pool Licensing for the Internet of Things and the Perils of Proposed Regulatory Interventions

The Possible Benefits of Pool Licensing for the Internet of Things,...

The fourth panel discussion at the LeadershIP EU Roundtable was dedicated to the pros and cons of patent pools for Standard Essential Patents (“SEP”)....
Did FTC v. Qualcomm Create an Antitrust Duty to License SEPs?

Did FTC v. Qualcomm Create an Antitrust Duty to License SEPs?

In May 2019, Judge Lucy H. Koh of the U.S. District Court for the Northern District of California issued a decision in FTC v....
SSOs v. Silos and the “Quality of Innovation”

SSOs v. Silos and the “Quality of Innovation”

The paper sketches a comparison between two main models for the “organization of innovation” in digital markets: the standard setting organization (“SSO”) and the...
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