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Standards, Patents, and Antitrust Policy: The Road Ahead

BY | December 21, 2020

Standard Essential Patents (“SEPs”) have been at the center of a controversial debate for almost two decades. Recent developments have provided clarity on some of the most disputed issues. Courts…

Standard Essential Patents (“SEPs”) have been at the center of a controversial debate for almost two decades. Recent developments have provided clarity on some of the most disputed issues. Courts and agencies across various jurisdictions have recognized that opportunism may occur both on the side of the SEP holder and on the side of the implementer. They have also reached consensus on issues such as the availability of injunctive relief for SEPs and the limited role of antitrust in addressin

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