Tag: Standard Essential Patents
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...
How and Why Almost Every Competition Regulator Was Wrong About Standard-Essential...
Since approximately the mid-2000s, competition regulators have largely adhered to a consensus according to which standard-essential patents pose an inherently high risk of anticompetitive...
The New Landscape in FRAND Litigation
2020 marked a turning point in global FRAND litigation: three judgments by the Federal Court of Justice (Bundesgerichtshof – “BGH”) of Germany, the Supreme...
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...
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...
A Bargaining Model v. Reality in FTC v. Qualcomm: A...
May 2019
A Bargaining Model v. Reality in FTC v. Qualcomm: A Reply to Kattan & Muris By Douglas H. Ginsburg & Joshua D. Wright...
Why Patent Hold-Up Does Not Violate Antitrust Law
Posted by Social Science Research Network
Why Patent Hold-Up Does Not Violate Antitrust Law
By Gregory J. Werden & Luke M. Froeb
Owners of standard essential patents (SEPs) are...
Judge Douglas Ginsburg Interviews Makan Delrahim on Intellectual Property and Antitrust
Posted by Social Science Research Network
Judge Douglas Ginsburg Interviews Makan Delrahim on Intellectual Property and Antitrust
By Douglas H. Ginsburg
Makan Delrahim, the Assistant Attorney General...
The Legal Framework for SEP Disputes in EU Post-Huawei: Whither Harmonization?
Posted by Social Science Research Network
The Legal Framework for SEP Disputes in EU Post-Huawei: Whither Harmonization?
By Nicolo Zingales (University of Sussex)
Abstract: This article...
Tying, Exclusivity, and Standard-Essential Patents
Posted by Social Science Research Network
Tying, Exclusivity, and Standard-Essential Patents
By Erik Hovenkamp (Harvard Law School)
Abstract: When a technological standard is adopted, implementers...