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Standards, Patents and Transparency

Draft Regulation – The EU Commission Proposes A New Framework For...

By:  Peter Camesasca, Martin Juhasz & Tristan Reis (Covington Competition) Under the aegis of DG GROW, but in close consultation with DG COMP, the Commission seeks to address...
IEEE’s Efforts to Placate its Adversaries

IEEE’s Efforts to Placate its Adversaries By Making Minor Changes to...

By Emily Luken & James Tierney1   The Institute of Electrical and Electronics Engineers’ (“IEEE”) recent updates to its Patent Policy for standards development, while...
A Review of the Development of SEP-Related Disputes in China

A Review of the Development of SEP-Related Disputes in China and...

By Wei Huang, Fan Zhu, Bei Yin, & Xiumin Ruan*   Since the issuance of the judgment of Huawei v. InterDigital Corporation (“IDC”) in 2013, disputes...
Huawei

FRAND Royalty Base: Will Chinese Courts More Likely Accept the Component...

By Yan Wang, Da Shi, Yue Li, Shasha Zhou*   I. Introduction On June 17, 2022, Huawei announced it had entered into a patent licensing...
4-FRIENDLY FIRE: HOW THE BIDEN ADMINISTRATION’S INNOVATION POLICY IS UNDERMINING U.S. NATIONAL SECURITY By Kristen Osenga

Friendly Fire: How the Biden Administration’s Innovation Policy is Undermining U.S....

Although the United States has long been a leader in innovation and an active participant in standards development activities, recent policy developments may discourage...
6-NATIONAL FRAND RATE-SETTING LEGISLATION: A CURE FOR INTERNATIONAL JURISDICTIONAL COMPETITION IN STANDARDS-ESSENTIAL PATENT LITIGATION? By Jorge L. Contreras

National FRAND Rate-Setting Legislation: A Cure for International Jurisdictional Competition in...

The willingness of national courts to set global FRAND royalty rates for patents that are essential to key industry standards has led to international...
7-CONTINENTAL v. AVANCI: THE FIFTH CIRCUIT CONFIRMS THE FALLACY OF “COMPULSORY LICENSE-TO-ALL” By Dina Kallay

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...
8-PATENT HOLDOUT EXPLAINS WHY PATENT HOLDUP IS STILL ON THE TABLE: IN MEMORIAM OF ALEXANDER GALETOVIC By Jorge Padilla

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...
Injunctions Facilitate Patent Licensing Deals: Evidence from the Automotive Sector

Injunctions Facilitate Patent Licensing Deals: Evidence from the Automotive Sector

By Igor Nikolic*   Since the automotive sector chose to incorporate cellular standards (2G to 5G) in its vehicles, there have been tensions between car...
The Proposal for Licensee Negotiations Groups (LNGs) in SEP

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...
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