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Original Sin

BY | March 31, 2015

This article is part of a Chronicle. See more from this Chronicle John Harkrider, Mar 31, 2015 While SEPs could be a potential predator in the hands of a firm…

This article is part of a Chronicle. See more from this Chronicle

John Harkrider, Mar 31, 2015

While SEPs could be a potential predator in the hands of a firm that wants to raise the costs of its rivals, the Administration’s intervention on SEP enforcement, while doing nothing with respect to non-SEPs, can have three unintended consequences:

  1. Because cross-licenses are determined on a portfolio-wide basis, with SEPs being used to offset royalty demands on non-SEPs within the counterparty’s p
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