Competition authorities in foreign jurisdictions have recently adopted or are considering guidelines on applying competition law to intellectual property rights (IPR). A common concern that certain exercises of IPR can...
...this system to its foundations. As a result, a broad array of companies, SSOs and states (including Massachusetts, Connecticut and New Hampshire) have petitioned the Supreme Court to intervene to...
Few legal issues in recent years have captured the public’s attention more powerfully than litigation over standard essential patents (“SEPs”). This Article explains how SEP litigation overlaps with two other...
...portfolio from others in a standard-setting body is not necessarily actionable fraud. Rambus v. Infineon Technologies AG, Case Nos. 01-1449, -1583, -1604, -1641, 02-1174, -1192 (Fed. Cir. January 29, 2002)....
...to those SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms? I show that the SEP holder’s contractual obligations still permit it to seek an injunction. A FRAND commitment requires the...
...specifies the conditions under which an SEP holder voluntarily commits to license its SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms. In February 2015, the IEEE became the first SSO...
I critique the Lemley-Shapiro model of patent law. I dispute its main finding that the threat of an injunction inflates royalty payments in many cases relative to a hypothetical benchmark...
Standard-setting organizations (SSOs) often require member firms to license their standard-essential patents (SEPs) on undefined “fair, reasonable, and nondiscriminatory” (FRAND) terms. Courts and commentators in turn have proposed various principles...
On June 22, 2004, President Bush signed into law perhaps the most significant amendments to the U.S. antitrust statutes since the Hart-Scott-Rodino Antitrust Improvements Act of 1976. These changes, enacted...
...of standard-essential patents (“SEPs”). However, some FRAND commitments have been undertaken for patents that have not been formally declared as standard essential. In this article from Competition Policy International’s Antitrust...