Policymakers face an increasing number of questions regarding whether markets efficiently choose technological standards. In this essay I survey the economic literature regarding standards, focusing on arguments that markets move...
On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) adopted a new patent policy for standards-essential patents (SEPs) in IEEE standards. This comes in the midst of...
...volumes of voice and data communications. The failure of forced sharing to promote competition and innovation counsels competition authorities to proceed with caution when using competition law to regulate IPR....
...a “reasonable and nondiscriminatory” rate. This RAND commitment has been used in patent deals covering everything from 3G cellular communication to DVD video playback. But why are firms adopting it?...
...major centers of patent litigation – litigation involving smartphones and patent assertion entities (“PAEs”). It offers a reasoned analysis of key developments and offers predictions on the end game. The...
Over a vigorous dissent, the U.S. Court of Appeals for the Federal Circuit has ruled that the plain meaning of a claim trumps even directly contradictory statements in the prosecution...
...royalty rate. The Lemley-Shapiro framework does not properly account for the relevant error costs associated with weakening the presumption of injunctive relief. In particular, Lemley and Shapiro fail to consider...
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...
Resale price maintenance (RPM) has been a “hot” antitrust issue in the antitrust landscape in China. This year, two antitrust enforcement actions by China’s National Development and Reform Commission (NDRC)...